STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

OFFICE OF THE 

SECRETARY 

89 KINGS HIGHWAY 

DOVER, DELAWARE 19901 

March 14,2012 

Mr. Shawn M. Garvin (3RAOO), Regional Administrator 

U. S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, PA 19103-2029 

DearMr.G ~-

PHONE: (302) 739-9000 

FAX: ( 302) 739-6242 

I am pleased to submit the enclosed revision to the State of Delaware State Implementation 

Plan (SIP). The revision is to 7 DE Admin. Code 1125 - REQUIREMENTS FOR 

PRECONSTRUCTION REVIEW, Sections 1.9 - Definition; 2.0 Emissions Offset Provision; and 

Section 3.0 - Prevention of Significant Deterioration of Air Quality. The amendments to 1125 allow 

major new source review (NSR) permitting of qualifying sources of particulate matter with an 

aerodynamic diameter equal to or less than 2.5 micrometers (PM2.5) and of sources of two PM2.5 

precursors, sulfur dioxide and nitrogen oxides. This revision is effective February 11,2012. 

The requirements of the CAA Section 110(a)(2)(A) have been met through the normal public 

hearing process established by the State of Delaware with proper notification (30 days) prior to the 

convening of the public hearing. Attachments A and B are copies of affidavits as proof of proper 

notification. It is the position of the State of Delaware that all minimum requirements set forth in the 

1990 Clean Air Act Amendments have been met. 

Also enclosed with this submittal is a CD 

, 

which contains an exact duplicate of the hard copy 

material submitted with this SIP revision package. 

We look forward to continuing the cooperative effort between Delaware and EPA in this 

important work. As always, feel free to contact me or Ali Mirzakhalili, Director, Division of Air 

Quality, (302) 739-9402, if you have any questions concerning the enclosed documents. 

~~' ~~'Mara Secretary 

Enclosures 

cc: Amie Howell, w/o encl. Ali Mirzakhalili 

Diana Esher, EPA w/encl. 

-' 

OFFICE OF THE 

SECRETARY 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 19901 

Secretary's Order No.: 2012-A-0003 

PHONE: (302) 739-9000 

FAX: (302) 739-6242 

RE: Approving Final Regulations to Amend 7 DE Admin. Code 1125, 

Requirements for Preconstruction Review, Sections 1.9 ("Definitions"), 2.0 

("Emissions Offset Provisions"), and 3.0 ("Prevention of Significant Deterioration of 

Air Quality [PSD)") 

Date of Issuance: January 17,2012 

Effective Date of the Amendment: February 11,2012 

Under the authority vested in the Secretary of the Department of Natural 

Resources and Environmental Control ("Department" or "DNREC") the following 

findings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding. 

Background and Procedural History 

This Order considers proposed revised regulations to amend 7 DE Admin. Code 

1125, Requirements for Preconstruction Review: Sections 1.9 ("Definitions"), 2.0 

("Emissions Offset Provisions"), and 3.0 ("Prevention of Significant Deterioration of Air 

Quality [PSD]). The Department's Division of Air Quality commenced the regulatory 

development process with Start Action Notice 2011-01. The Department published its 

initial proposed regulation Amendments in the May 1, 2011 Delaware Register of 

Regulations, and held a public hearing on May 23, 2011. It should be noted that public 
comment was received by the Department with regard to this proposed promulgation, and 

the Department provided a very thorough and detailed response to the same 

The proposed amendments to 7 DE Admin. Code 1125 are required by the U.S. 

Environmental Protection Agency ("EPA") to allow new source review permitting of 

qualifying emission sources of particulate matter ("PM") with an aerodynamic diameter 

equal to or less than 2.5 micrometers (PM2.5) and of emission sources of two PM2.5 

precursors, sulfur dioxide and/or nitrogen oxides, to conform to the requirements of the 

EPA PM2.5 new source review permitting program, as shown in 73 FR 28321 and 75 FR 

64864. 

Previously, particulate matter was regulated in the size range of equal to or less 

than 10 micrometers in diameter. EPA has since determined that PM in the smaller size 

range was more detrimental to public health, as they were more easily inhaled by people 

and would lodge in the lungs and not be easily removed, causing numerous breathingrelated problems. 

EPA established air quality standards for PM2.5 in 1997. Since then, the standards 

have been revised, but implementation was delayed by various court challenges. On May 

16, 2008, EPA published a final rule defining the new source review permitting program 

for PM2.5 (73 FR 28321). This rule also set-up a transitional permitting program and 

required State Implementation Plan (SIP) approved states, such as Delaware, to adopt and 

submit SIP revisions within three years of rule publication. Therefore, this proposed 

promulgation action is necessary for Delaware to remain compliant with the 

aforementioned EPA rule which defines the new source review permitting program. 

2 

". 
The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing 

Officer's Report dated January 5, 2012 (Report). The Report recommends certain 

findings and the adoption of the proposed revised Amendments as attached to the Report 

as Appendix A. 

Findings and Discussion 

I find that the proposed revised Amendments are well-supported by the record 

developed by the Department, and I adopt the Report to the extent it is consistent with 

this Order. The Department's experts developed the record and drafted the proposed 

Amendments. 

I find that the Department's experts in the Division of Air Quality fully developed 

the record to support adoption of these revised Amendments. With the adoption of this 

Order, Delaware will (1) conform to the federal requirements concerning new source 

permitting of qualifying sources of particulate matter with an aerodynamic diameter 

equal to or less than 2.5 micrometers (PM2.5) and of sources of two PM2.5 precursors, 

sulfur dioxide (S02) and nitrogen oxides (NOx); and (2) correct several known 

typographical errors contained within the current version of this regulation. 

In conclusion, the following findings and conclusions are entered: 

1.) The Department has jurisdiction under its statutory authority to issue an 

Order adopting these proposed Amendments as final; 

2.) The Department provided adequate public notice of the proposed 

Amendments, and provided the public with an adequate opportunity to comment on the 

proposed Amendments, including at the public hearing held on May 23,2011; 

3 
3.) The Department held a public hearing on May 23, 2011 m order to 

consider public comment before making any final decision; 

4.) The Department's Hearing Officer's Report, including its recommended 

record and the recommended revised Amendments, as set forth in Appendix A, are 

adopted to provide additional reasons and findings for this Order; 

5.) The recommended revised Amendments should be adopted as final 

regulation Amendments because Delaware will be able to (1) conform to the federal 

requirements concerning new source permitting of qualifying sources of particulate 

matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2.5) and of 

sources of two PM2.5 precursors, sulfur dioxide (S02) and nitrogen oxides (NOx); (2) 

correct several known typographical errors contained within the current version of this 

regulation; and, lastly, because (3) the amendments are well supported by documents in 

the record; 

6.) The Department shall submit this Order approvmg the final revised 

regulation to the Delaware Register of Regulations for publication in its next available 

issue, and provide such other notice as the law and regulation require and the Department 

determines is appropriate. 

~~ Collin P. O'Mara 

Secretary 

Ahear\ Reg. 1125, Sect 1.9,2.0 and 3.0.0RD 

4 
I 

TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL 

DELAWARE ADMINISTRATIVE CODE 

1100 Air Quality Management Section 

1125 Requirements for Preconstruction Review 

12/11/10 xxlxxI2011 

1.0 General Provisions 

1.1 Requirements of this regulation are in addition to any other requirements of the State of Delaware 

Regulations Governing the Control of Air Pollution. 

1.2 Any stationary source which will impact an attainment area or an unclassifiable area as 

designated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 107 of the 

Clean Air Act Amendments of 1990 (CAA), is subject to the provisions of 3.0 of this regulation, 

Prevention of Significant Deterioration (PSD). 

1.3 Any stationary source which will impact a non-attainment area as designated by the EPA 

pursuant to Section 107 of the CAA is subject to 2.0 of this regulation, Emission Offset Provisions 

(EOP). 

1.4 A source may be subject to PSD for one pollutant and to EOP for another pollutant, or may 

affect both attainment or unclassifiable areas and a non-attainment area for the same 

pollutant. 

1.5 Any emission limitation represented by Lowest Achievable Emission Rate (LAER) may be 

imposed by the Department pursuant to regulations adopted under 2.0 of this regulation herein 

notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations 

Governing the Control of Air Pollution. 

1.6 Any emission limitation represented by Best Available Control Technology (BACT) may be 

imposed by the Department pursuant to regulations adopted under 3.0 of this regulation herein 

notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100, Regulations 

Governing the Control of Air Pollution. 

1.7 No stationary source shall be constructed unless the applicant can substantiate to the 

Department that the source will comply with any applicable emission limit or New Source 

Performance Standard or Emission Standard for a Hazardous Air Pollutant as set forth in 7 DE 

Admin. Code 1100 Regulations Governing the Control of Air Pollution. 

1.8 Any stationary source that implements, for the purpose of gaining relief from 3.0 of this regulation, 

by any physical or operational limitation on the capacity of the source to emit a pollutant, including 

(but not limited to) air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

and the limitation or the effect it would have on emissions is enforceable, not withstanding any 

emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control 

of Air Pollution. If a source petitions the Department for relief from any resulting limitation 
describe~ above, the source is subject to review under 2.0 and 3.0 of this regulation as though 

construction had not yet commenced on the source or modification. 

1.9 Definitions - For the purposes of this regulation 

"Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as 

determined in accordance with the three subparagraphs below. 

In general, actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the unit actually emitted the pollutant during a two-year period which 

precedes the particular date and which is representative of normal source operation. The 

Department shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period. 

The Department may presume that source-specific allowable emissions for the unit are 

equivalent to the actual emissions of the unit. 

For any emissions unit, which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date. 

"Allowable Emissions" means the emissions rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to enforceable limits, which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

The applicable standards 

as set forth in 7 DE Admin. Code 1120 and 1121; 

Other applicable Delaware State Implementation Plan emissions limitations, including 

those with a future compliance date; or 

The emissions rate specified as an enforceable permit condition, including those with a 

future compliance date. 

"Baseline Area" means any intrastate area (and every part thereof) deSignated as attainment or 

unclassifiable in which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact equal to or greater than one 

tJ§Im3 (annual average) of the pollutant for which the baseline date is established, as follows: 

equal to or greater than one !.Ig/m3 (annual average). for SOl. NOZI or PM10; or equal to or greater 

than 0.3 yg/m3 (annual average) for PM, 5"-

Area redesignations cannot intersect or be smaller than the area of impact of any major 

stationary source or major modification which: 

Establishes a minor source baseline date, or 

Is subject to this regulation. 

"Baseline Concentration" means that ambient concentration level which exists in the baseline 

area at the time of the applicable minor source baseline date. A baseline concentration is 
determined for each pollutant for which a minor source baseline date is established and shall 

include: 

The actual emissions representative of sources in existence on the applicable minor 

source baseline date, except as listed under Exceptions below . 

• The allowable emissions of major stationary sources which commenced construction before 

January 6, 1975 the major source baseline date, but were not in operation by the 

applicable [minor source[ baseline date. 

Exceptions: The following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase or increases: 

Actual emissions from any major stationary source on which construction commenced 

after January 6, 1975 the major source baseline date; and 

Actual emissions increases and decreases at any stationary source occurring after the 

minor source baseline date. 

"Major Source Baseline Date" means in the case of PM10 and SO,. January 6. 1975; in the 

case of NO" February 8. 1988: and. in the case of PM,s. October 20.2010. 

"Minor Source Baseline Date" 

Minor Source Baseline Q Gate means the earliest date, after August 7, 1977 in the case 

of PM10 and SO,: after February 8. 1988 in the case of NO,: and. after October 20. 2011 

in the case of PM2.5.1. on which the first complete application is submitted by a major 

stationary source or major modification subject to the requirements of 3.0 of this 

regulation. 

Baseline date means the earliest date after August 7, 1977, but before the effective date 

of this regulation, on which the first complete application by a major stationary source or 

major modification which ' .... ould have been subject to the requirements of 3.0 of this 

regulation if application '.'Iere submitted after the effective date of this regulation. 

The minor source baseline date is established for each pollutant for which increments or 

other equivalent measures have been established if: 

The area in which the proposed source or modification would construct is deSignated 

as attainment or unclassifiable for the pollutant on the date of its complete application 

under 1.0 of this regulation; and 

In the case of a major stationary source, the pollutant would be emitted in significant 

amounts, or, in the case of a major modification, there would be a significant net 

emissions increase of the pollutant. 

"Begin Actual Construction" means, in general, initiation of phYSical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, laying underground pipework and 

construction of permanent storage structures. With respect to a change in method of operations, 
this term refers to those on-site activities other than preparatory activities which mark the initiation 

of the change. 

"Best Available Control Technology (BACT)" means an emissions limitation (including a 

visible emission standard) based on the maximum degree of reduction for each pollutant subject 

to regulation under CM which would be emitted from any proposed major stationary source or 

major modification which the Department, on a case-by-case basis, takes into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application of production processes or available methods, systems, and 

techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of best available control technology result in 

emissions of any pollutant which would exceed the emissions allowed by any applicable standard 

under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or 

economic limitations on the application of measurement methodology to a particular emissions 

unit would make the imposition of an emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of best available control technology. Such standard shall, to the 

degree possible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for compliance by means which achieve 

equivalent results. 

"Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control). 

Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same "Major Group" (i.e., which have the same first two digit code) as described in 

the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. 

Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively). For 

purposes of 2.0 of this regulation [for VOC and NOx pollutant-emitting activities}, this 

definition shall apply only to the "Building, Structure or Facility". 

"Commence" as applied to construction of a major stationary source or major modification 

means that the owner or operator has all necessary preconstruction approvals or permits and 

either has: 

Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time; or 

Entered into binding agreements or contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner or operator, to undertake a program of 

actual construction of the source to be completed within a reasonable time. 

"Complete" means, in reference to an application for a permit, that the application contains all of 

the information necessary for processing the application. 

"Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition or modification of an emissions unit) which would 

result in a change in actual emissions. 

"Condensable Particulate Matter" means material that is vapor phase at stack conditions, but 

condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM 

immediately after discharge from the stack. Note that all condensable PM is assumed to be in 

the PM2.5 size fraction. 
"Direct Particulate Matter" means particles that enter the atmosphere as a direct emission from 

a stack or an open source. Direct PM comprises two components: filterable PM and condensable 

PM. These two PM components have no upper particle size limit. 

"Direct PMaA" means combined filterable PM'.5 and condensable PM with an aerodynamic 

diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an 

air emissions source or activity. or are the gaseous emissions or liquid droplets from an air 

emissions source or activity that condense to form PM at ambient temperatures. Direct PM'5 

emissions include elemental carbon. directly emitted organic carbon. directly emitted sulfate. 

directly emitted nitrate. and other inorganic particles (including but not limited to crustal material. 

metals. and sea salt). 

"Emissions Unit" means any part of a stationary source which emits or would have the potential 

to emit any pollutant subject to regulation under the CAA. 

"Enforceable" means any standard, requirement, limitation or condition established by an 

applicable federal or state regulation or specified in a permit issued or order entered thereunder, 

or contained in a SIP approved by the Administrator of the U.S. Environmental Protection Agency 

(EPA), and which can be enforced by the Department and the Administrator of the EPA. 

"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack 

or release conditions and captured on the filter of a stack test train. 

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

"Fixed Capital Cost" means the capital needed to provide all the depreciable components. 

"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six 

greenhouse gases; carbon dioxide (C02), nitrous oxide (N20), methane (CH4), 

hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SFs). For the 

purposes of this regulation, the term C02equivaient emissions (C02e) shall represent an amount 

of GHG emitted, and shall be computed as follows; 

Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the 

pollutant GHG by the gases associated global warming potential as shown in Table 1-1 of 

this regulation. 

Sum the resultant value for each gas to compute a tpy C02e 

Table 1-1 

GLOBAL WARMING POTENTIALS 

Name CAS No. Chemical formula Global warming 

potential (100 yr.) 

Carbon dioxide 124-38-9 CO2 1 

Methane 74-82-8 CH4 21 

Nitrous oxide 10024-97-2 N20 310 

HFC-23 75-46-7 CHF3 11,700 

HFC-32 75-10-5 CH2F2 650 

HFC-41 593-53-3 CH3F 150 

HFC-125 354-33-6 C2HF5 2,800 
HFC-134 359-35-3 C2H2F4 1,000 

HFC-134a 811-97-2 CH2FCF3 1,300 

HFC-143 430-66-0 C2H3F3 300 

HFC-143a 420-46-2 C2H3F3 3,800 

HFC-152 624-72--6 CH2FCH2F 53 

HFC-152a 75-37--6 CH3CHF2 140 

HFC-161 353-36-6 CH3CH2F 12 

HFC-227ea 431-89-0 C3HF7 2,900 

HFC-236cb 677-56-5 CH2FCF2CF3 1,340 

HFC-236ea 431--63-0 CHF2CHFCF3 1,370 

HFC-236fa 690-39-1 C3H2FS 6,300 

HFC-245ca 679-86-7 C3H3F5 560 

HFC-245fa 460-73-1 CHF2CH2CF3 1,030 

HFC-365mfc 406-58--6 CH3CF2CH2CF3 794 

HFC-43-10mee 138495-42-8 CF3CFHCFHCF2CF3 1,300 

Sulfur hexafluoride 2551--62-4 SFs 23,900 

PFC-14 (Perfluoromethane) 75-73-0 CF4 6,500 

PFC-116 (Perfluoroethane) 76-16-4 C2FS 9,200 

PFC-218 (Perfluoropropane) 76-19-7 C3FS 7,000 

Perfluorocyclopropane 931-91-9 [C-)C3FS 17,340 

PFC-3-1-10 (Perfluorobutane) 355-25-9 C4F10 7,000 

Perfluorocyclobutane 115-25-3 [G-)C4FS 8,700 

PFC-4-1-12 (Perfluoropentane) 678-26-2 C5F12 7,500 

PFC-5-1-14 (Perfluorohexane) 355-42-0 CSF14 7,400 

PFC-9-1-18 306-94-5 C1oF1S 7,500 

"Innovative Control Technology" means any system of air pollution control that has not been 

adequately demonstrated in practice, but would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or of achieving at 

least comparable reductions at lower cost in terms of energy economics, or non-air quality 

environmental impacts. 

"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 

1101, "Definitions and Administrative Principles". 

"Major Modification" 

Major modification means any physical change or change in the method of operation of a 

major stationary source that would result in a significant net emissions increase of any 

pollutant subject to regulation under the CAA. 

Any net emissions increase that is significant for either volatile organic compounds or 

nitrogen oxides shall be considered significant for ozone. 

A physical change or change in the method of operation shall not include: 

Routine maintenance, repair and replacement; 
Use of an alternative fuel or raw material by reason of an order under sections 2(a) 

and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas curtailment plan pursuant to 

the Federal Power Act; 

Use of an alternative fuel by reason of an order or rule under Section 125 of the CAA; 

Use of an alternative fuel at a steam-generating unit to the extent that the fuel is 

generated from municipal solid waste; 

Use of an alternative fuel or raw material by a stationary source which: 

The source was capable of accommodating before January 6, 1975; unless such 

change would be prohibited under any previously issued permit condition which 

was established after January 6, 1975; 

The source is approved to use under any previously issued PSD permit or under 

3.0 of this regulation; 

An increase in the hours of operation or in the production rate, unless such change 

would be prohibited under any previously issued permit condition which was 

established after January 6, 1975; 

Any change in ownership at a stationary source. 

"Major Stationary Source" - See 2.2 and 3.1 of this regulation. 

"Necessary Preconstruction Approvals or Permits" means those permits or approvals 

required under Delaware air quality control laws and regulations. 

"Net Emissions Increase" 

Net emissions increase means the amount by which the sum of the following exceeds 

zero: 

Any increase in actual emissions from a particular physical change or change in 

method of operation at a stationary source; and 

Any other increases and decreases in actual emissions at the source that are 

contemporaneous with the particular change and are otherwise creditable. 

An increase or decrease in actual emissions is contemporaneous with the increase from 

the particular change only if it occurs between: 

The date five years before construction on the particular change commences; and 

The date that the increase from the particular change occurs. 

An increase or decrease in actual emissions is creditable only if the Department has not 

relied on it in issuing a permit for the source under this regulation, which permit is in 

effect when the increase in actual emissions from the particular change occurs. 
An increase or decrease in actual emissions of sulfur dioxide or particulate matter which 

occurs before the applicable baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining 

available. 

An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

A decrease in actual emissions is creditable only to the extent that: 

The old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

It is enforceable at and after the time that actual construction on the particular 

change begins; and 

It has approximately the same qualitative significance for public health and welfare as 

that attributed to the increase from the particular change. 

It has not been adopted by the Department as a required reduction to be made part 

of the SIP or it is not required by the Department pursuant to an existing requirement 

of the SIP. 

• An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after 

a reasonable shakedown period, not to exceed 180 days. 

"Ozone Transport Region" means the region designated by section 184 of the federal Clean Air 

Act and comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated 

Metropolitan Statistical Area that includes the District of Columbia and northern Virginia. 

"Permanent" (Reductions) means that the actual emission reductions submitted to the 

Department for certification have been incorporated in a permit or a permit condition or, in the 

case of a shutdown, the permit to operate for the emission unit or units has been voided. 

"Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity of 

the source to emit a pollutant, including air pollution control equipment and restrictions on hours 

of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining the potential to emit of a stationary 

source. 

"Quantifiable" (Reductions) means that the amount, rate and characteristics of emission 

reductions can be determined by methods that are considered reliable by the Department and the 

Administrator of the EPA. 

"Real" (Reductions) means reductions in actual emissions released into the atmosphere. 

"Reconstruction" will be presumed to have taken place where the fixed capital cost of the new 

components exceeds 50% of the fixed capital cost of a comparable entirely new stationary 
source. Any final decision as to whether reconstruction has occurred shall be made in 

accordance with the provisions of 40 CFR 60.15(f)( 1 )-(3). A reconstructed stationary source will 

be treated as a new stationary source for purposes of this regulation. In determining lowest 

achievable emission rate (LAER) for a reconstructed stationary source, the provisions of 40 CFR 

60.15(f)(4) shall be taken into account in assessing whether a new source performance standard 

is applicable to such stationary source. 

"Secondary Emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For the purpose of this regulation, secondary 

emissions must be specific, well defined, quantifiable, and impact the same general area as the 

stationary source or modification which causes the secondary emissions. Secondary emissions 

may include, but are not limited to: 

Emissions from ships, trains, or other vehicles coming to or from the new or modified 

stationary source; and 

Emissions from any offsite support facility or facilities which would not otherwise be 

constructed or increase its emissions as a result of the construction or operation of the 

major stationary source or major modification. 

"Significant" 

(a) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emissions that would equal or exceed any of the 

following rates: 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (TPY) 

Sulfur dioxide: 40 TPY 

Particulate matter: 25 TPY 

Ozone: 

New Castle and Kent Counties - 25 TPY of either volatile organic compounds or nitrogen 

oxides· 

Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides· 

Lead: 0.6 TPY 

Asbestos: 0.007 TPY 

Beryllium: 0.0004 TPY 

Mercury: 0.1 TPY 

Vinyl chloride: 1 TPY 

Fluorides: 3 TPY 

Sulfuric acid mist: 7 TPY 

Hydrogen sulfide (H2S): 10 TPY 

Total reduced sulfur (including H2S): 10 TPY 

Reduced sulfur compounds (including H2S): 10 TPY 

PM10 particulate: 15 TPY 

PML§: 10 TPY of direct PM2.

5 emissions; 40 TPY of sulfur dioxide emissions; 40 TPY nitrogen 

oxide emissions. 

*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent 

Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in 

emissions from the source over any period of five consecutive calendar years which includes the 
calendar year in which such increases occur. No part of the five consecutive years shall extend 

before January 1, 1991. 

(b) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit a pollutant subject to regulation under the CM that (a) does not list, any emissions rate. 

(c) Notwithstanding (a), "significant" means any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct within ten 

kilometers of a Class I area, and have an impact on such area equal to or greater than one 

IJg/m3

, (24-hour average). 

"Stationary Source" means any building, structure, facility or installation which emits or may 

emit any air pollutant subject to regulation under the CM. 

"Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires 

actual control of the quantity of emissions of that pollutant, and that such a control requirement 

has taken effect and is operative to control, limit or restrict the quantity of emissions of that 

pollutant released from the regulated activity. Except that GHG shall not be subject to regulation 

except as follows: 

(a) Beginning January 2, 2011, the pollutant GHG shall be subject to regulation if: 

• The stationary source is a new major stationary source for any pollutant subject to 

regulation under the CM that is not GHG and also will emit or will have the potential to 

emit 75,000 tpy C02e or more; or 

The stationary source is an existing major stationary source for any pollutant subject to 

regulation under the CM that is not GHG and also will have an emissions increase of 

that pollutant and an emissions increase of 75,000 tpy C02e or more: and, in addition, 

(b) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation: 

At a new stationary source that will emit or have the potential to emit 100,000 tpy C02e: 

or 

At an existing stationary source that emits or has the potential to emit 100,000 tpy C02e 

when such stationary source undertakes a physical change or change in the method of 

operation that will result in an emissions increase of 75,000 tpy C02e or more. 

The term emissions increase, as used above, shall mean that both a significant emissions 

increase and a significant net emissions increase occur. 

"Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this 

regulation) not required by regulations or proposed regulations, and not used by the source to 

meet any state or federal regulatory requirements. 

14 DE Reg. 579 (12/01/10) 

08111/2005 xxlxxl2011 

2.0 Emission Offset Provisions (EOP) 
2.1 Applicability - The provisions of 2.0 of this regulation shall apply to any person responsible for any 

proposed new major stationary source or any proposed major modification. 

2.2 For purposes of 2.0 of this regulation, "major stationary source" means: 

2.2.1 Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons 

per year or more of any pollutant subject to regulation under the Clean Air Act, except for either volatile 

organic compound .. or nitrogen oxides, or 

2.2.2 Any stationary source of air pollutants which emits, or has the potential to emit .. either 

volatile organic compounds .. or nitrogen oxides .. in the following amounts: 

2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment 

areas and located in the ozone transport region - 50 tons per year volatile organic compounds or 100 tons 

per year of oxides of nitrogen, or 

2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic 

compounds or oxides of nitrogen, or 

2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic 

compounds or oxides of nitrogen, or 

2.2.2.4 For extreme ozone nonattainment areas - 10 tons per year of either volatile organic 

compounds or oxides of nitrogen. 

2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 

2.2.2 of this regulation as a major stationary source, if the change would constitute a major stationary 

source by itself, or 

2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen 

oxides shall be considered major for ozone, and "installation" means an identifiable piece of process, 

combustion or incineration equipment. 

2.2.5 [A major stationary sourGe that is major for either n](N)itrogen oxides [Gfl [and] S02 

shall be considered as [major for PMu l [precursors, and are considered nonattainment pollutants 

in any PM2.5 nonattainment areal 

2.3 For the purposes of 2.4 and 2.5 of this regulation, emission units located in areas deSignated as 

attainment or marginal nonattainment areas that are located within the ozone transport region shall be 

considered located in a moderate ozone nonattainment area. 

2.4 Conditions for Approval - No person subject to the provisions of 2.1 of this regulation shall install a 

major stationary source of volatile organic compounds or of nitrogen oxides .. PM2..§. or sulfur oxides or 

make a major modification to a source which will cause or contribute to any violation of the national 

ambient air quality standards for ozone or PM~ within an area of non-attainment for that pollutant unless 

the following conditions are met: 

2.4.1 The new major source or the major modification is controlled by the application of lowest 

achievable emission rate (LAER) control technology. 

2.4.2 All existing sources in the State owned or controlled by the owner of the proposed new or 

modified source are in compliance with the applicable local, State and federal regulations or are in 

compliance with a consent order specifying a schedule and timetable for compliance. 
2.4.3 The new or modified source must satisfy the following offset requirements: 

2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or 

nitrogen oxides to total allowable increased emissions of volatile organic compounds or nitrogen oxides 

shall be: 

2.4.3.1.1 For moderate ozone nonattainment areas, 1.15 to 1, or 

2.4.3.1.2 For serious ozone nonattainment areas, 1.2 to 1, or 

2.4.3.1.3 For severe ozone nonattainment areas, 1.3 to 1, or 

2.4.3.1.4 For extreme ozone nonattainment areas, 1.5 to 1. 

2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and 

shall be in effect by the time the new or modified source commences operation. 

2.4.3.3 The ratio of total actual emissions reductions of sulfur dioxide, nitrogen oxides or 

PM'.5 to total allowable increased emissions_shall be 1: 1. 

2.4.4 The application for construction permit pursuant to 7 DE Admin. Code 1102 shall include an 

analysis of alternative sites, sizes, production processes and environmental control techniques for such 

proposed source which demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or modification. 

2.4.5 Public participation for the construction permit shall be pursuant to 12.3 or 12.4 and 12.5 of 

7 DE Admin. Code 1102. 

2.5 Criteria for Emission Reductions Used as Offsets 

2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, 

quantifiable, and federally enforceable; 

2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or 

allowable emissions. The offset credit shall only be allowed for emission reductions made below the 

baseline; 

2.5.3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1991; 

2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the 

Department has not relied on it in issuing any permit under this regulation and has not relied on it for 

demonstration of attainment or reasonable further progress; 

2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment 

classification than the one in which they were generated. 

2.5.6 Emission reductions claimed as offsets by a source must be generated from within the 

same non attainment area or from any other area that contributes to a violation of the ozone National 

Ambient Air Quality Standard in the nonattainment area which the source is located. 

2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct PM~ 

emissions or precursors of PM'.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct 
PM2 .

5 emissions or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the 

nonattainment area after public review and comment. Prior to making a final determination on the 

interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant 

trading ratios and supporting information to the EPA for concurrence. 

2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions 

bank established pursuant to 7 DE Admin. Code 1134 may be used as offsets provided they are federally 

enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Code 1134 and 2.5.5, and 2.5.6 of 

this regulation. 

08/11/2005 

3.0 Prevention of Significant Deterioration of Air Quality 

3.1 Definitions - For the purposes of 3.0 of this regulation: 

"Major Stationary Source" means: 

• Any of the following stationary sources of air pollutants which emits or has the potential to 

emit, 100 tons per year or more of any pollutant subject to regulation under the CM: Fossil 

fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, 

primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, 

primary copper smelters, municipal incinerators capable of charging more than 250 tons of 

refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, 

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black 

plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, 

secondary metal production plants, chemical process plants, fossil fuel boilers (or 

combinations thereof) totaling more than 250 million British thermal units per hour heat input, 

petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, 

taconite ore processing plants, glass fiber processing plants, and charcoal production plants; 

• Notwithstanding the stationary source size specified in the above paragraph, any stationary 

source which emits, or has the potential to emit, 250 tons per year or more of any air pollutant 

subject to regulation under the CM; or 

• Any physical change that would occur at a stationary source not otherwise qualifying under 

the preceding paragraph as a major stationary source, if the change would constitute a major 

stationary source by itself. 

A major stationary source that is major for volatile organic compounds or nitrogen 

oxides shall be considered major for ozone. 

[A major stationary sourGe that is major for nitrogen oxides or SO, shall be Gonsidered 

major for PMw 

3.2 Ambient Air Increments. In areas designated as Class I, II or III, increases in pollutant concentration 

over the baseline concentration shall be limited to the following: 
Maximum allowable increase 

(Micrograms per cubic meter) 

Class I 

Pollutant 

Total suspended particulates: 

Annual geometric mean 

24-hour maximum 

Sulfur dioxide: 

Annual arithmetic mean 

24-hour maximum 

Three-hour maximum 

PM2.5~ 

Annual geometric mean 

24-hr maximum 

PM10: 

Annual arithmetic mean 

24-hr maximum 

Nitrogen dioxide 

Annual arithmetic mean 

Class II 

Pollutant 

Total suspended particulates: 

Annual geometric mean 

24-hour maximum 

Sulfur dioxide: 

Annual arithmetic mean 

24-hour maximum 

Three-hour maximum 

PM2.5~ 

Annual arithmetic mean 

24-hour maximum 

PM10~ 

Annual arithmetic mean 

24-hr maximum 

Nitrogen dioxide: 

Annual arithmetic mean 

Class III 

Pollutant 

Total suspended particulates: 

Annual geometric mean 

24-hour maximum 

Sulfur dioxide: 

Annual arithmetic mean 

24-hour maximum 

Three-hour maximum 

PM25~ 

5 

10 

2 

5 

25 

1 

2 

~ 

~ 

25 

19 

37 

20 

91 

512 

~ 

~ 

11 

30 

25 

37 

75 

40 

182 

700 
Annual arithmetic mean 

24-hour maximum 

PM10~ 

Annual arithmetic mean 

24-hour maximum 

Nitrogen dioxide: 

Annual arithmetic mean 

For any period other than an annual period, the applicable maximum allowable increase 

may be exceeded during one such period per year at anyone location. 

3.3 Ambient Air Ceilings. No concentration of a pollutant shall exceed: 

3.3.1 The concentration permitted under the national secondary ambient air quality standard, or 

3.3.2 The concentration permitted under the national primary ambient air quality standard, 

whichever concentration is lowest for the pollutant for a period of exposure. 

3.4 Restrictions on Area Classification. 

3.4.1 All Areas in the State of Delaware are designated Class II, but may be redeSignated as 

provided in 40 CFR 52.51(g). 

3.4.2 The following areas may be redesignated only as Class I: 

3.4.2.1 Bombay Hook National Wildlife Refuge; and 

3.4.2.2 A national park or national wilderness area established after August 7, 1977 which 

exceeds 10,000 acres in size. 

3.5 Exclusions from Increment Consumption 

3.5.1 Upon written request of the governor, made after notice and opportunity for at least one 

public hearing to be held in accordance with procedures established by the State of Delaware, the 

Department shall exclude the following concentrations in determining compliance with a maximum 

allowable increase: 

3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources 

which have converted from the use of petroleum products, natural gas, or both by reason of an order in 

effect under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or 

any superseding legislation) over the emissions from such sources before the effective date of such an 

order; 
3.5.1.2 Concentrations attributable to the increase in emissions from sources which have 

converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the 

Federal Power Act over the emissions from such sources before the effective date of such plan; 

3.5.1.3 Concentrations of particulate matter attributable to the increase in emissions from 

construction or other temporary emission-related activities of new or modified sources; 

3.5.2 No exclusion of such concentrations shall apply more than five years after the effective date 

of the order to which 3.5.1.1 of this regulation refers or the plan to which 3.5.1.2 of this regulation refers, 

whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more 

than five years after the later of such effective dates. 

3.6 Stack Heights 

The provisions of 7 DE Admin Code 1127 - STACK HEIGHTS, are applicable to 3.6 of 

this regulation. 

3.7 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions. 

3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this 

regulation apply shall begin actual construction without a permit which states that the stationary source or 

modification would meet those requirements. The Department has authority to issue any such permit. 

3.7.2 The requirements of 3.8 through 3.15 of this regulation shall apply to any major stationary 

source and any major modification with respect to each pollutant subject to regulation under the CAA that 

it would emit, except as 3.0 of this regulation otherwise provides. 

3.7.3 The requirements of 3.8 through 3.15 of this regulation apply only to any major stationary 

source or major modification that would be constructed in an area deSignated as attainment or 

unclassifiable. 

3.7.4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major 

stationary source or major modification, if: 

3.7.4.1 The source or modification would be a nonprofit health or nonprofit educational 

institution, or a major modification would occur at such an institution, and the governor requests that it be 

exempt from those requirements; or 

3.7.4.2 The source or modification would be a major stationary source or major modification 

only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of 

the stationary source or modification and the source does not belong to any of the following categories: 

3.7.4.2.1 Coal cleaning plants (with thermal dryers); 

3.7.4.2.2 Kraft pulp mills; 

3.7.4.2.3 Portland cement plants; 

3.7.4.2.4 Primary zinc smelters; 

3.7.4.2.5 Iron and steel mills; 
3.7.4.2.6 Primary aluminum ore reduction plants; 

3.7.4.2.7 Primary copper smelters; 

3.7.4.2.8 Municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants; 

3.7.4.2.10 Petroleum refineries; 

3.7.4.2.11 Lime plants; 

3.7.4.2.12 Phosphate rock processing plants; 

3.7.4.2.13 Coke oven batteries; 

3.7.4.2.14 Sulfur recovery plants; 

3.7.4.2.15 Carbon black plants (furnace process); 

3.7.4.2.16 Primary lead smelters; 

3.7.4.2.17 Fuel conversion plants; 

3.7.4.2.18 Sintering plants; 

3.7.4.2.19 Secondary metal production plants; 

3.7.4.2.20 Chemical process plants; 

3.7.4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input: 

3.7.4.2.22 Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

3.7.4.2.23 Taconite ore processing plants; 

3.7.4.2.24 Glass fiber processing plants; 

3.7.4.2.25 Charcoal production plants; 

3.7.4.2.26 Fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; 

3.7.4.2.27 Any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the CM; or 

3.7.4.3 The source is a portable stationary source which has previously received a permit 

under 3.0 of this regulation, and, 
3.7.4.3.1 The owner or operator proposal to relocate the source and emissions of the 

source at the new location would be temporary; and 

3.7.4.3.2 The emissions from the source would not exceed its allowable emissions; 

and 

3.7.4.3.3 The emissions from the source would impact no Class I area and no area 

where an applicable increment is known to be violated; and 

3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation 

identifying the proposed new location and the probable duration of operation at the new location. Such 

notice shall be given to the Department not less than 10 days in advance of the proposed relocation 

unless a different time duration is previously approved by the Department. 

3.7.5 The requirements of 3.8 through 3.15 of this regulation shall not apply to a major stationary 

source or major modification with respect to a particular pollutant if the owner or operator demonstrates 

that, as to that pollutant, the source or modification is located in an area deSignated as non-attainment. 

3.7.6 The requirements of 3.9, 3.11, and 3.13 of this regulation shall not apply to a major 

stationary source or major modification with respect to a particular pollutant, if the allowable emissions of 

that pollutant from the source, or the net emissions increase of that pollutant from the modification: 

3.7.6.1 Would impact no Class I area and no area where an applicable increment is known 

to be violated, and 

3.7.6.2 Would be temporary. 

3.7.7 The Department may exempt a stationary source or modification from the requirements of 

3.11 of this regulation with respect to monitoring for a particular pollutant if: 

3.7.7.1 The emissions increase of the pollutant from the new source or the net emissions 

increase of the pollutant from the modification would cause, in any area, air quality impacts less than the 

following amounts: 

Carbon monoxide: 575 ug/m3

, eight-hour average; 

Nitrogen dioxide: 14 ug/m3

, annual average; 

Total suspended particulate: 10 ug/m3

, 24-hour average; 

Sulfur dioxide: 13 ug/m3

, 24-hour average; 

Ozone: (See Note 1) 

Lead: 0.1 IJg/m3 24 ho~r 3-month average; 

Mercury: 0.25 ug/m3

, 24-hour average; 

Beryllium: 0.0005 ug/m3

, 24-hour average; 

Fluorides: 0.25 ug/m3

, 24-hour average; 
Vinyl chloride: 15 ug/m3

, 24-hour average; 

Total reduced sulfur: 10 ug/m3

, one-hour average; 

Hydrogen sulfide: 0.04 ug/m3

, one-hour average; 

Reduced sulfur compounds: 10 ug/m3

, one-hour average; 

PM10 particulate: 10 ug/m3

, 24-hour average; 

PM,.s: 4 ug/m3

, 24-hour average 

[Note 1: No de minim us air quality level is provided for ozone. However, any net increase of 

100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be 

required to perform an ambient impact analysis including the gathering of ambient air quality data.] 

3.7.7.2 The concentrations of the pollutant in the area that the source or modification would 

affect are less than the concentrations listed in 3.7.7.1 of this regulation, or the pollutant is not listed in 

3.7.7.1 of this regulation. 

3.8 Control Technology Review 

3.8.1 A major stationary source or major modification shall meet each applicable emissions 

limitation of the State of Delaware's Air Pollution Control Regulations. 

3.8.2 A new major stationary source shall apply best available control technology for each 

pollutant subject to regulation under the CM that it would have the potential to emit in significant 

amounts. 

3.8.3 A major modification shall apply best available control technology for each pollutant subject 

to regulation under the CM for which it would result in a significant net emissions increase at the source. 

This requirement applies to each proposed emissions unit at which a net emissions increase in the 

pollutant would occur as a result of a physical change or change in the method of operation in the unit. 

3.8.4 For phase construction projects, the determination of best available control technology shall 

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 

months prior to commencement of construction of each independent phase of the project. At such time, 

the owner or operator of the applicable stationary source may be required to demonstrate the adequacy 

of any previous determination of best available control technology for the source. 

3.9 Source Impact Analysis. The owner or operator of the proposed source or modification shall 

demonstrate that allo'Nable emission increases from the proposed source or modification, in conjunction 

with all other applicable emissions increases or reductions (including secondary emissions), would not 

cause or contribute to air pollution in violation of: 

3.9 Source Impact Analysis 

3.9.1 The owner or operator of the proposed source or modification shall demonstrate that allowable 

emission increases from the proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would not cause or contribute to 

air pollution in violation of: 
3.,.9,-1. ~Any national ambient air quality standard in any air quality control region; or 

3.9.2 ~Any applicable maximum allowable increase over the baseline concentration in any area. 

3.9.2 The demonstration required in 3.9.1 will be deemed to have been made if the emissions 

increase from the new stationary source alone or the modification alone would cause, in all areas, air 

quality impacts less than the following significant impact levels: 

Pollutant 

Significant Impact Level 

ug/m3 

Averaging Time Class I Class II Class III 

____ ...!.P~M~2.5! ___ ~A.!!.n~n~u~al~ _____ _...::0~.O~[:L.3] [6],_~0.~3~ __ ---:.:0=.3 

24-hour 0.07 1.2 1.2 

3.10 Air Quality Models. 

3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be 

based on the applicable air quality models, databases, and other requirements specified in the "Guideline 

on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality 

Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). 

This document is incorporated by reference. 

3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is 

inappropriate, the model may be modified or another model substituted. Such a change must be subject 

to the notice and opportunity for public comment under 3.15 of this regulation. Written approval of the 

Department must be obtained for any modification or substitution. Methods like those outlined in the 

'Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of 

Air Quality Planning and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent 

revisions) should be used to determine the comparability of air quality models. 

3.11 Air Quality Analysis 

3.11.1 Preapplication Analysis. 

3.11.1.1 Any application for a permit under 3.0 of this regulation shall contain an analysis of 

ambient air quality in the area that the major stationary source or major modification would affect for each 

of the following pollutants: 

3.11.1.1.1 For the source, each pollutant that it would have the potential to emit in a 

significant amount; 

3.11.1.1.2 For the modification, each pollutant for which it would result in a significant 

net emissions increase. 

3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality 

Standard exists, the analysis shall contain such air quality monitoring data as the Department determines 
is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant 

would affect. 

3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for 

which such a standard does exist, the analysis shall contain continuous air quality monitoring data 

gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a 

violation of the standard or any maximum allowable increase. 

3.11.1.4 In general, the continuous air quality monitoring data that is required shall have 

been gathered over a period of at least one year and shall represent at least the year preceding receipt of 

the application, except that, if the Department determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year (but not to be less than 

four months), the data that is required shall have been gathered over at least that shorter period. 

3.11.1.5 The owner or operator of a proposed stationary source or modification of volatile 

organic compounds or nitrogen oxides who satisfies all of the following conditions may provide postapproval monitoring data for ozone in lieu of providing preconstruction data as required under 3.11.1 of 

this regulation. 

Condition 1: The new source is required to meet an emission limitation which specifies the lowest 

achievable emission rate for such source. 

Condition 2: The applicant must certify that all existing major sources owned or operated by the applicant 

(or any entity controlling, controlled by, or under common control with the applicant) in Delaware are in 

compliance with all applicable emission limitations and standards under the CM (or are in compliance 

with an expeditious schedule approved by the Department). 

Condition 3: Emission reductions ("offsets") from existing sources in the area of the proposed source 

(whether or not under the same ownership) are required such that there will be reasonable progress 

toward attainment of the applicable NMQS. Only intrapollutant emission offsets will be acceptable (e.g., 

hydrocarbon increases may not be offset against S02 (reductions». 

Condition 4: The emission offsets will provide a positive net air quality benefit in the affected area (see 40 

CFR Part 51 App. S). Atmospheric simulation modeling is not necessary for volatile organic compounds 

and NOx. Fulfillment of Condition 3 will be considered adequate to meet this condition for volatile organic 

compounds and NOx. 

3.11.2 Post-construction monitoring. The owner or operator of a major stationary source or major 

modification shall, after construction of the stationary source or modification conduct such ambient 

monitoring as the Department determines is necessary to determine the effect emissions from the 

stationary source or modification may have, or are having, on air quality in any area. 

3.11.3 Operations of monitoring stations. The owner or operator of a major stationary source or 

major modification shall meet the Quality Assurance Requirements for PSD Air Monitoring as 

preapproved by the Department during the operation of monitoring stations for purposes of satisfying 3.11 

of this regulation. 

3.12 Source Information. The owner or operator of proposed source or modification shall submit all 

information necessary to perform any analysis or make any determination required under 3.0 of this 

regulation. 

3.12.1 With respect to a source or modification to which 3.9, 3.11, and 3.13 of this regulation 

apply, such information shall include but not be limited to: 
3.12.1.1 A description of the nature, location, design capacity and typical operating 

schedule of the source or modification, including specifications and drawings showing its design and plant 

layout; 

3.12.1.2 A detailed schedule for construction of the source or modification; 

3.12.1.3 A detailed description as to what system of continuous emission reduction is 

planned for the source or modification, emission estimates, and any other information necessary to 

determine that best available control technology would be applied. 

3.12.2 Upon request of the Department, the owner or operator shall also provide information on: 

3.12.2.1 The air quality impact of the source or modification, including meteorological and 

topographical data necessary to estimate such impact; and 

3.12.2.2 The air quality impacts, and the nature and extent of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977 or the applicable 

baseline date or dates, in the area the source or modification would affect. 

3.13 Additional Impact Analyses. 

3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the source or modification and general commercial, residential, 

industrial and other growth associated with the source or modification. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial or recreational value. 

3.13.2 The owner or operator shall provide an analysis of the air quality impact projected for the 

area as a result of general commercial, residential, industrial and other growth associated with the source 

or modification. 

3.14 Public Participation 

3.14.1 Within 30 days after receipt of an application to construct, or any addition to such 

application, the Department shall advise the applicant of any deficiency in the application or in the 

information submitted. In the event of such a deficiency, the date of receipt of the application shall be, for 

the purpose of 3.0 of this regulation, the date on which the Department received all required information. 

3.14.2 Within one year after receipt of a complete application, the Department shall make a final 

determination on the application. This involves performing the following actions in a timely manner: 

3.14.2.1 Make a preliminary determination whether construction should be approved, 

approved with conditions, or disapproved. 

3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the 

preliminary determination, and a copy or summary of other materials, if any, considered in making the 

preliminary determination. 

3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each 

region in which the proposed source or modification would be constructed, of the application, the 

preliminary determination, the degree of increment consumption that is expected from the source or 

modification, and the opportunity for comment at public hearing as well as written public comment. 
3.14.2.4 Send a copy of the notice of public comment to the applicant and to officials and 

agencies having cognizance over the location where the proposed construction would occur as follows: 

the chief executives of the city and county where the source or modification would be located and any 

comprehensive regional land use planning agency whose lands may be affected by emissions from the 

source or modification. Additionally, if the proposed source would have significant interstate impact, the 

Governor of that impacted state would be notified. 

3.14.2.5 Provide opportunity for a public hearing for interested persons to appear and 

submit written or oral comments on the air quality impact of the source or modification, alternatives to the 

source or modification, the control technology required, and other appropriate considerations. 

3.14.2.6 Consider all written comments submitted within a time specified in the notice of 

public comment and all comments received at any public hearing or hearings in making a final decision 

on the approvability of the application. No later than 10 days after the close of the public comment period, 

the applicant may submit a written response to any comments submitted by the public. The Department 

shall consider the applicant's response in making a final decision. The Department shall make all 

comments available for public inspection in the same locations where the Department made available 

preconstruction information relating to the proposed source or modification. 

3.14.2.7 Make a final determination whether construction should be approved, approved 

with conditions, or disapproved pursuant to 3.0 of this regulation. 

3.14.2.8 Notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source or modification. 

3.15 Source Obligation. 

3.15.1 Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any 

approval to construct, or any owner or operator of a source or modification subject to 3.0 of this regulation 

who commences construction after the effective date of these regulations without applying for and 

receiving approval hereunder, shall be subject to appropriate enforcement action. 

3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 

months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or 

if construction is not completed within a reasonable time. The Department may extend the 18-month 

period upon a satisfactory showing that an extension is justified. This provision does not apply to the time 

period between constructions of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement date. 

3.15.3 Approval to construct shall not relieve any owner or operator of the responsibility to comply 

fully with applicable provisions of any other requirements under local or Federal law. 

3.15.4 At such time that a particular source or modification becomes a major stationary source or 

major modification solely by virtue of a relaxation in any enforceable limitation which was established after 

August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a 

restriction on hours of operation, then the requirements of 3.8 through 3.15 of this regulation shall apply to 

the source or modification as though construction had not yet commenced on the source or modification. 

3.16 Innovative Control Technology. 
3.16.1 An owner or operator of a proposed major stationary source or major modification may 

request the Department in writing no later than 30 days after the close of the public comment hearing to 

approve a system of innovative control technology. 

3.16.2 The Department shall, with the consent of the Governor of Delaware, determine that the 

source or modification may employ a system of innovative control technology, if: 

3.16.2.1 The proposed control system would not cause or contribute to an unreasonable 

risk to public health, welfare, or safety in its operation or function; 

3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction 

equivalent to that which would have been required under 3.8.2 of this regulation by a date specified by 

the Department. Such date shall not be later than four years from the time of startup or seven years from 

permit issuance; 

3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this 

regulation based on the emissions rate that the stationary source employing the system of innovative 

control technology would be required to meet on the date specified by the Department; 

3.16.2.4 The source or modification would not be before the date speCified by the 

Department: 

3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air 

quality standard; or 

3.16.2.4.2 Impact any Class I area; or 

3.16.2.4.3 Impact any area where an applicable increment is known to be violated; and 

3.16.2.5 All other applicable requirements including those for public participation have been 

met. 

3.16.3 The Department shall withdraw any approval to employ a system of innovative control 

technology made under 3.0 of this regulation, if: 

3.16.3.1 The proposed system fails before the specified date to achieve the required 

continuous emissions reduction rate; or 

3.16.3.2 The proposed system fails before the speCified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; or 

3.16.3.3 The Department decides at any time that the proposed system is unlikely to 

achieve the required level of control or to protect the public health, welfare, or safety. 

3.16.4 If a source or modification fails to meet the required level of continuous emission reduction 

within the speCified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, 

the Department may allow the source or modification up to an additional three years to meet the 

requirement for the application of best available control technology through use of a demonstrated system 

of control. 

13 DE Reg. 1345 (04/01/10) 
2/11/2012 

TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL 

DELAWARE ADMINISTRATIVE CODE 

1100 Air Quality Management Section 

1125 Requirements for Preconstruction Review 

1.0 General Provisions 

1.1 Requirements of this regulation are in addition to any other requirements of the State of Delaware 

Regulations Governing the Control of Air Pollution. 

1.2 Any stationary source which will impact an attainment area or an unclassifiable area as 

deSignated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 107 of the 

Clean Air Act Amendments of 1990 {CM}, is subject to the provisions of 3.0 of this regulation, 

Prevention of Significant Deterioration {PSD}. 

1.3 Any stationary source which will impact a non-attainment area as designated by the EPA 

pursuant to Section 107 of the CM is subject to 2.0 of this regulation, Emission Offset Provisions 

(EOP). 

1.4 A source may be subject to PSD for one pollutant and to EOP for another pollutant, or may 

affect both attainment or unclassifiable areas and a non-attainment area for the same 

pollutant. 

1.5 Any emission limitation represented by Lowest Achievable Emission Rate (LAER) may be 

imposed by the Department pursuant to regulations adopted under 2.0 of this regulation herein 

notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations 

Governing the Control of Air Pollution. 

1.6 Any emission limitation represented by Best Available Control Technology (BACT) may be 

imposed by the Department pursuant to regulations adopted under 3.0 of this regulation herein 

notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100, Regulations 

Governing the Control of Air Pollution. 

1.7 No stationary source shall be constructed unless the applicant can substantiate to the 

Department that the source will comply with any applicable emission limit or New Source 

Performance Standard or Emission Standard for a Hazardous Air Pollutant as set forth in 7 DE 

Admin. Code 1100 Regulations Governing the Control of Air Pollution. 

1.8 Any stationary source that implements, for the purpose of gaining relief from 3.0 of this regulation, 

by any physical or operational limitation on the capacity of the source to emit a pollutant, including 

(but not limited to) air pollution control eqUipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

and the limitation or the effect it would have on emissions is enforceable, not withstanding any 

emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control 

of Air Pollution. If a source petitions the Department for relief from any resulting limitation 
described above, the source is subject to review under 2.0 and 3.0 of this regulation as though 

construction had not yet commenced on the source or modification. 

1.9 Definitions - For the purposes of this regulation 

"Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as 

determined in accordance with the three subparagraphs below. 

In general, actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the unit actually emitted the pollutant during a two-year period which 

precedes the particular date and which is representative of normal source operation. The 

Department shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period. 

The Department may presume that source-specific allowable emissions for the unit are 

equivalent to the actual emissions of the unit. 

For any emissions unit, which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date. 

"Allowable Emissions" means the emissions rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to enforceable limits, which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

The applicable standards 

as set forth in 7 DE Admin. Code 1120 and 1121; 

Other applicable Delaware State Implementation Plan emissions limitations, including 

those with a future compliance date; or 

The emissions rate specified as an enforceable permit condition, including those with a 

future compliance date. 

"Baseline Area" means any intrastate area (and every part thereof) designated as attainment or 

unclassifiable in which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact of the pollutant for which the 

baseline date is established, as follows: equal to or greater than one JJg/m3 (annual average). for 

S02, N02, or PM10; or equal to or greater than 0.3 JJg/m3 (annual average) for PM2.

S. 

Area redesignations cannot intersect or be smaller than the area of impact of any major 

stationary source or major modification which: 

Establishes a minor source baseline date, or 

• Is subject to this regulation . 

"Baseline Concentration" means that ambient concentration level which exists in the baseline 

area at the time of the applicable minor source baseline date. A baseline concentration is 

determined for each pollutant for which a minor source baseline date is established and shall 

include: 
The actual emissions representative of sources in existence on the applicable minor 

. source baseline date, except as listed under Exceptions below . 

• The allowable emissions of major stationary sources which commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source 

baseline date. 

Exceptions: The following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase or increases: 

Actual emissions from any major stationary source on which construction commenced 

after the major source baseline date; and 

Actual emissions increases and decreases at any stationary source occurring after the 

minor source baseline date. 

"Major Source Baseline Date" means in the case of PM10 and 502, January 6, 1975; in the 

case of N02, February 8,1988; and, in the case of PM2.

5, October 20,2010. 

"Minor Source.Baseline Date" 

Minor Source Baseline date means the earliest date, after August 7, 1977 in the case of 

PM10 and 502; after February 8, 1988 in the case of N02; and, after October 20, 2011 in 

the case of PM2.5, on which the first complete application is submitted by a major 

stationary source or major modification subject to the requirements of 3.0 of this 

regulation. 

The minor source baseline date is established for each pollutant for which increments or 

other equivalent measures have been established if: 

The area in which the proposed source or modification would construct is designated 

as attainment or unclassifiable for the pollutant on the date of its complete application 

under 1.0 of this regulation; and 

In the case of a major stationary source, the pollutant would be emitted in Significant 

amounts, or, in the case of a major modification, there would be a significant net 

emissions increase of the pollutant. 

"Begin Actual Construction" means, in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, laying underground pipework and 

construction of permanent storage structures. With respect to a change in method of operations, 

this term refers to those on-site activities other than preparatory activities which mark the initiation 

of the change. 

"Best Available Control Technology (BACT)" means an emissions limitation (including a 

visible emission standard) based on the maximum degree of reduction for each pollutant subject 

to regulation under CAA which would be emitted from any proposed major stationary source or 

major modification which the Department, on a case-by-case basis, takes into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application of production processes or available methods, systems, and 
techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of best available control technology result in 

emissions of any pollutant which would exceed the emissions allowed by any applicable standard 

under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or 

economic limitations on the application of measurement methodology to a particular emissions 

unit would make the imposition of an emissions standard infeasible, a deSign, equipment, work 

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of best available control technology. Such standard shall, to the 

degree pOSSible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for compliance by means which achieve 

equivalent results. 

"Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control). 

Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same "Major Group" (i.e., which have the same first two digit code) as described in 

the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. 

Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively). For 

purposes of 2.0 of this regulation for VOC and NOx pollutant-emitting activities, this definition 

shall apply only to the "Building, Structure or Facility". 

"Commence" as applied to construction of a major stationary source or major modification 

means that the owner or operator has all necessary preconstruction approvals or permits and 

either has: 

Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time; or 

Entered into binding agreements or contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner or operator, to undertake a program of 

actual construction of the source to be completed within a reasonable time. 

"Complete" means, in reference to an application for a permit, that the application contains all of 

the information necessary for processing the application. 

"Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition or modification of an emissions unit) which would 

result in a change in actual emissions. 

"Condensable Particulate Matter" means material that is vapor phase at stack conditions, but 

condenses and/or reacts upon COOling and dilution in the ambient air to form solid or liquid PM 

immediately after discharge from the stack. Note that all condensable PM is assumed to be in 

the PM2.5 size fraction. 

"Direct Particulate Matter" means particles that enter the atmosphere as a direct emission from 

a stack or an open source. Direct PM comprises two components: filterable PM and condensable 

PM. These two PM components have no upper particle size limit. 

"Direct PM2.5" means combined filterable PM2.

5 and condensable PM with an aerodynamic 

diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an 

air emissions source or activity, or are the gaseous emissions or liquid droplets from an air 

emissions source or activity that condense to form PM at ambient temperatures. Direct PM2.

5 

emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, 
directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, 

metals, and sea salt). 

"Emissions Unit" means any part of a stationary source which emits or would have the potential 

to emit any pollutant subject to regulation under the CM. 

"Enforceable" means any standard, requirement, limitation or condition established by an 

applicable federal or state regulation or specified in a permit issued or order entered thereunder, 

or contained in a SIP approved by the Administrator of the U.S. Environmental ProteCtion Agency 

(EPA), and which can be enforced by the Department and the Administrator of the EPA. 

"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack 

or release conditions and captured on the filter of a stack test train. 

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

"Fixed Capital Cost" means the capital needed to provide all the depreciable components. 

"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six 

greenhouse gases; carbon dioxide (C02), nitrous oxide (N20), methane (CH4), 

hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SFs). For the 

purposes of this regulation, the term C02equivaient emissions (C02e) shall represent an amount 

of GHG emitted, and shall be computed as follows; 

Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the 

pollutant GHG by the gases associated global warming potential as shown in Table 1-1 of 

this regulation. 

Sum the resultant value for each gas to compute a tpy C02e 

Table 1-1 

GLOBAL WARMING POTENTIALS 

Name CAS No. Chemical formula Global warming 

potential (100 yr.) 

Carbon dioxide 124-38-9 CO2 1 

Methane 74-82-8 CH4 21 

Nitrous oxide 10024-97-2 N20 310 

HFC-23 75-46-7 CHF3 11,700 

HFC-32 75-10-5 CH2F2 650 

HFC-41 593-53-3 CH3F 150 

HFC-125 354-33-6 C2HFs 2,800 

HFC-134 359-35-3 C2H2F4 1,000 

HFC-134a 811-97-2 CH2FCF3 1,300 

HFC-143 430-66-0 C2H3F3 300 

HFC-143a 420-46-2 C2H3F3 3,800 

HFC-152 624-72-6 CH2FCH2F 53 

HFC-152a 75-37-6 CH3CHF2 140 

HFC-161 353-36-6 CH3CH2F 12 

HFC-227ea 431-89-0 C3HF7 2,900 
HFC-236cb 677;....56-5 CH2FCF2CF3 1,340 

HFC-236ea 431-63-0 CHF2CHFCF3 1,370 

HFC-236fa 690-39-1 C3H2F6 6,300 

HFC-245ca 679-86-7 C3H3FS 560 

HFC-245fa 460-73-1 CHF2CH2CF3 1,030 

HFC-365mfc 406-58-6 CH3CF2CH2CF3 794 

HFC-43-10mee 138495-42-8 CF3CFHCFHCF2CF3 1,300 

Sulfur hexafluoride 2551-62-4 SF6 23,900 

PFC-14 (Perfluoromethane) 75-73-0 CF4 6,500 

PFC-116 (Perfluoroethane) 76-16-4 C2F6 9,200 

PFC-218 (Perfluoropropane) 76-19-7 C3FS 7,000 

Perfluorocyclopropane 931-91-9 C3F6 17,340 

PFC-3-1-10 (Perfluorobutane) 355-25-9 C4F10 7,000 

Perfluorocyclobutane 115-25-3 C4Fs 8,700 

. PFC-4-1-12 (Perfluoropentane) 678-26-2 CSF12 7,500 

PFC-5-1-14 (Perfluorohexane) 355-42-0 C6F14 7,400 

PFC-9-1-18 306-94-5 C1OF16 7,500 

"Innovative Control Technology" means any system of air pollution control that has not been 

adequately demonstrated in practice, but would have a sUbstantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or of achieving at 

least comparable reductions at lower cost in terms of energy economics, or non-air quality 

environmental impacts. 

"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 

1101, "Definitions and Administrative Principles". 

"Major Modification" 

Major modification means any physical change or change in the method of operation of a 

major stationary source that would result in a significant net emissions increase of any 

pollutant subject to regulation under the CM. 

Any net emissions increase that is significant for either volatile organic compounds or 

nitrogen oxides shall be considered significant for ozone. 

• A physical change or change in the method of operation shall not include: 

• Routine maintenance, repair and replacement; 

Use of an alternative fuel or raw material by reason of an order under sections 2(a) 

and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas curtailment plan pursuant to 

the Federal Power Act; 

Use of an alternative fuel by reason of an order or rule under Section 125 of the CM; 

Use of an alternative fuel at a steam-generating unit to the extent that the fuel is 

generated from municipal solid waste; 
Use of an alternative fuel or raw material by a stationary source which: 

The source was capable of accommodating before January 6, 1975; unless such 

change would be prohibited under any previously issued permit condition which 

was established after January 6, 1975; 

The source is approved to use under any previously issued PSD permit or under 

3.0 of this regulation; 

An increase in the hours of operation or in the production rate, unless such change 

would be prohibited under any previously issued permit condition which was 

established after January 6, 1975; 

Any change in ownership at a stationary source. 

"Major Stationary Source" - See 2.2 and 3.1 of this regulation. 

"Necessary Preconstruction Approvals or Permits" means those permits or approvals 

required under Delaware air quality control laws and regulations. 

"Net Emissions Increase" 

Net emissions increase means the amount by which the sum of the following exceeds 

zero: 

Any increase in actual emissions from a particular physical change or change in 

method of operation at a stationary source; and 

Any other increases and decreases in actual emissions at the source that are 

contemporaneous with the particular change and are otherwise creditable. 

An increase or decrease in actual emissions is contemporaneous with the increase from 

the particular change only if it occurs between: 

The date five years before construction on the particular change commences; and 

The date that the increase from the particular change occurs. 

An increase or decrease in actual emissions is creditable only if the Department has not 

relied on it in issuing a permit for the source under this regulation, which permit is in 

effect when the increase in actual emissions from the particular change occurs. 

An increase or decrease in actual emissions of sulfur dioxide or particulate matter which 

occurs before the applicable baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining 

available. 

An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

A decrease in actual emissions is creditable only to the extent that: 
The old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

It is enforceable at and after the time that actual construction on the particular 

change begins; and 

It has approximately the same qualitative significance for public health and welfare as 

that attributed to the increase from the particular change. 

It has not been adopted by the Department as a required reduction to be made part 

of the SIP or it is not required by the Department pursuant to an existing requirement 

of the SIP. 

An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after 

a reasonable shakedown period, not to exceed 180 days. 

"Ozone Transport Region" means the region designated by section 184 of the federal Clean Air 

Act and comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated 

Metropolitan Statistical Area that includes the District of Columbia and northern Virginia. 

"Permanent" (Reductions) means that the actual emission reductions submitted to the 

Department for certification have been incorporated in a permit or a permit condition or, in the 

case of a shutdown, the permit to operate for the emission unit or units has been voided. 

"Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity of 

the source to emit a pollutant, including air pollution' control equipment and restrictions on hours 

of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining the potential to emit of a stationary 

source. 

"Quantifiable" (Reductions) means that the amount, rate and characteristics of emIssIon 

reductions can be determined by methods that are considered reliable by the Department and the 

Administrator of the EPA. 

"Real" (Reductions) means reductions in actual emissions released into the atmosphere. 

"Reconstruction" will be presumed to have taken place where the fixed capital cost of the new 

components exceeds 50% of the fixed capital cost of a comparable entirely new stationary 

source. Any final decision as to whether reconstruction has occurred shall be made in 

accordance with the provisions of 40 CFR 60.15(f)(1)-(3). A reconstructed stationary source will 

be treated as a new stationary source for purposes of this regulation. In determining lowest 

achievable emission rate (LAER) for a reconstructed stationary source, the proviSions of 40 CFR 

60.15(f)(4) shall be taken into account in assessing whether a new source performance standard 

is applicable to such stationary source. 

"Secondary Emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For the purpose of this regulation, secondary 
emissions must be specific, well defined, quantifiable, and impact the same general area as the 

stationary source or modification which causes the secondary emissions. Secondary emissions 

may include, but are not limited to: 

Emissions from ships, trains, or other vehicles coming to or from the new or modified 

stationary source; and 

Emissions from any offsite support facility or facilities which would not otherwise be 

constructed or increase its emissions as a result of the construction or operation of the 

major stationary source or major modification. 

"Significant" 

(a) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emissions that would equal or exceed any of the 

following rates: 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (TPY) 

Sulfur dioxide: 40 TPY 

Particulate matter: 25 TPY 

Ozone: 

New Castle and Kent Counties - 25 TPY of either volatile organic compounds or nitrogen 

oxides· 

Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides· 

Lead: 0.6 TPY 

Asbestos: 0.007 TPY 

Beryllium: 0.0004 TPY 

Mercury: 0.1 TPY 

Vinyl chloride: 1 TPY 

Fluorides: 3 TPY 

Sulfuric acid mist: 7 TPY 

Hydrogen sulfide (H2S): 10 TPY 

Total reduced sulfur (including H2S): 10 TPY 

Reduced sulfur compounds (including H2S): 10 TPY 

PM10 particulate: 15 TPY 

PM2.

S: 10 TPY of direct PM2.S emissions; 40 TPY of sulfur dioxide emissions; 40 TPY nitrogen 

oxide emissions. 

*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent 

Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in 

emissions from the source over any period of five consecutive calendar years which includes the 

calendar year in which such increases occur. No part of the five consecutive years shall extend 

before January 1, 1991. 

(b) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit a pollutant subject to regulation under the CAA that (a) does not list, any emissions rate. 

(c) Notwithstanding (a), ·significant" means any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct within ten 

kilometers of a Class I area, and have an impact on such area equal to or greater than one 

J.Jg/m3

, (24-hour average). 
"Stationary Source" means any building, structure, facility or installation which emits or may 

emit any air pollutant subject to regulation under the CAA 

"Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires 

actual control of the quantity of emissions of that pollutant, and that such a control requirement 

has taken effect and is operative to control, limit or restrict the quantity of emissions of that 

pollutant released from the regulated activity. Except that GHG shall not be subject to regulation 

except as follows: 

(a) Beginning January 2, 2011, the pollutant GHG shall be subject to regulation if: 

The stationary source is a new major stationary source for any pollutant subject to 

regulation under the CM that is not GHG and also will emit or will have the potential to 

emit 75,000 tpy C02e or more; or 

The stationary source is an existing major stationary source for any pollutant subject to 

regulation under the CM that is not GHG and also will have an emissions increase of 

that pollutant and an emissions increase of 75,000 tpy C02e or more: and, in addition, 

(b) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation: 

At a new stationary source that will emit or have the potential to emit 100,000 tpy C02e: 

or 

At an existing stationary source that emits or has the potential to emit 100,000 tpy C02e 

when such stationary source undertakes a physical change or change in the method of 

operation that will result in an emissions increase of 75,000 tpy C02e or more. 

The term emissions increase, as used above, shall mean that both a significant emissions 

increase and a significant net emissions increase occur. 

"Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this 

regulation) not required by regulations or proposed regulations, and not used by the source to 

meet any state or federal regulatory requirements. 

14 DE Reg. 579 (12101/10) 

2/1112012 

2.0 Emission Offset Provisions (EOP) 

2.1 Applicability - The provisions of 2.0 of this regulation shall apply to any person responsible for any 

proposed new major stationary source or any proposed major modification. 

2.2 For purposes of 2.0 of this regulation, "major stationary source" means: 

2.2.1 Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons 

per year or more of any pollutant subject to regulation under the Clean Air Act, except for either volatile 

organic compound .. or nitrogen oxides, or 

2.2.2 Any stationary source of air pollutants which emits, or has the potential to emit .. either 

volatile organic compounds .. or nitrogen oxides .. in the following amounts: 
2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment 

areas and located in the ozone transport region - 50 tons per year volatile organic compounds or 100 tons 

per year of oxides of nitrogen, or 

2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic 

compounds or oxides of nitrogen, or 

2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic 

compounds or oxides of nitrogen, or 

2.2.2.4 For extreme ozone nonattainment areas - 10 tons per year of either volatile organic 

compounds or oxides of nitrogen. 

2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 

2.2.2 of this regulation as a major stationary source, if the change would constitute a major stationary 

source by itself, or 

2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen 

oxides shall be considered major for ozone, and "installation" means an identifiable piece of process, 

combustion or incineration equipment. 

2.2.5 Nitrogen oxides and S02 shall be considered as precursors, and are considered 

nonattainment pollutants in any PM2.

5 nonattainment area:, 

2.3 For the purposes of 2.4 and 2.5 of this regulation, emission units located in areas designated as 

attainment or marginal nonattainment areas that are located within the ozone transport region shall be 

considered located in a moderate ozone nonattainment area. 

2.4 Conditions for Approval - No person subject to the provisions of 2.1 of this regulation shall install a 

major stationary source of volatile organic compounds or of nitrogen oxides .. PM2.

5, or sulfur oxides or 

make a major modification to a source which will cause or contribute to any violation of the national 

ambient air quality standards for ozone or PM2.

5 within an area of non-attainment for that pollutant unless 

the following conditions are met: 

2.4.1 The new major source or the major modification is controlled by the application of lowest 

achievable emission rate (LAER) control technology. 

2.4.2 All existing sources in the State owned or controlled by the owner of the proposed new or 

modified source are in compliance with the applicable local, State and federal regulations or are in 

compliance with a consent order specifying a schedule and timetable for compliance. 

2.4.3 The new or modified source must satisfy the following offset requirements: 

2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or 

nitrogen oxides to total allowable increased emissions of volatile organic compounds or nitrogen oxides 

shall be: 

2.4.3.1.1 For moderate ozone nonattainment areas, 1.15 to 1, or 

2.4.3.1.2 For serious ozone nonattainment areas, 1.2 to 1, or 

2.4.3.1.3 For severe ozone nonattainment areas, 1.3 to 1, or 
2.4.3.1.4 For extreme ozone nonattainment areas, 1.5 to 1. 

2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and 

shall be in effect by the time the new or modified source commences operation. 

2.4.3.3 The ratio of total actual emissions reductions of sulfur dioxide, nitrogen oxides or 

PM2.5 to total allowable increased emissions shall be 1: 1. 

2.4.4 The application for construction permit pursuant to 7 DE Admin. Code 1102 shall include an 

analysis of alternative sites, sizes, production processes and environmental control techniques for such 

proposed source which demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or modification. 

2.4.5 Public participation for the construction permit shall be pursuant to 12.3 or 12.4 and 12.5 of 

7 DE Admin. Code 1102. 

2.5 Criteria for Emission Reductions Used as Offsets 

2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, 

quantifiable, and federally enforceable; 

2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or 

allowable emissions. The offset credit shall only be allowed for emission reductions made below the 

baseline; 

2.5.3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1991; 

2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the 

Department has not relied on it in issuing any permit under this regulation and has not relied on it for 

demonstration of attainment or reasonable further progress; 

2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment 

classification than the one in which they were generated. 

2.5.6 Emission reductions claimed as offsets by a source must be generated from within the 

same nonattainment area or from any other area that contributes to a violation of the ozone National 

Ambient Air Quality Standard in the nonattainment area which the source is located. 

2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct PM2.

5 

emissions or precursors of PM2.5 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct 

PM2.5 emissions or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the 

. nonattainment area after public review and comment. Prior to making a final determination on the 

interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant 

trading ratios and supporting information to the EPA for concurrence. 

(' 

2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions 

bank established pursuant to 7 DE Admin. Code 1134 may be used as offsets provided they are federally 

enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Code 1134 and 2.5.5, and 2.5.6 of 

this regulation. 

2111/12 

3.0 Prevention of Significant Deterioration of Air Quality 
3.1 Definitions - For the purposes of 3.0 of this regulation: 

"Major Stationary Source" means: 

• Any of the following stationary sources of air pollutants which emits or has the potential to 

emit, 100 tons per year or more of any pollutant subject to regulation under the CM: Fossil 

fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, 

primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, 

primary copper smelters, municipal incinerators capable of charging more than 250 tons of 

refuse per day, hydroflUOric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, 

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black 

plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, 

secondary metal production plants, chemical process plants, fossil fuel boilers (or 

combinations thereof) totaling more than 250 million British thermal units per hour heat input, 

petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, 

taconite ore proceSSing plants, glass fiber processing plants, and charcoal production plants; 

• Notwithstanding the stationary source size specified in the above paragraph. any stationary 

source which emits. or has the potential to emit, 250 tons per year or more of any air pollutant 

subject to regulation under the CM; or 

• Any physical change that would occur at a stationary source not otherwise qualifying under 

the preceding paragraph as a major stationary source. if the change would constitute a major 

stationary source by itself. 

A major stationary source that is major for volatile organic compounds or nitrogen 

oxides shall be considered major for ozone. 

3.2 Ambient Air Increments. In areas deSignated as Class I, " or III, increases in pollutant 

concentration over the baseline concentration shall be limited to the following: 

Maximum allowable increase 

(Micrograms per cubic meter) 

Pollutant 

Total suspended particulates: 

Annual geometric mean 

24-hour maximum 

Sulfur dioxide: 

Annual arithmetic mean 

24-hour maximum 

Three-hour maximum 

PM2.5: 

Class I 

5 

10 

2 

5 

25 
Annual geometric mean 1 

24-hr maximum 2 

PM10: 

Annual arithmetic mean 4 

24-hr maximum 8 

Nitrogen dioxide 

Annual arithmetic mean 25 

Class" 

Pollutant 

Total suspended particulates: 

Annual geometric mean 19 

24-hour maximum 37 

Sulfur dioxide: 

Annu.al arithmetic mean 20 

24-hour maximum 91 

Three-hour maximum 512 

PM2.5: 

Annual arithmetic mean 4 

24-hour maximum 9 

PM10: 

Annual arithmetic mean 17 

24-hr maximum 30 

Nitrogen dioxide: 

Annual arithmetic mean 25 

Class III 

Pollutant 

Total suspended particulates: 

Annual geometric mean 37 

24-hour maximum 75 

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hour maximum 182 

Three-hour maximum 700 

PM2.5: 

Annual arithmetic mean 8 

24-hour maximum 18 

PM10: 

Annual arithmetic mean 34 

24-hour maximum 60 

Nitrogen dioxide: 

Annual arithmetic mean 50 
For any period other than an annual period, the applicable maximum allowable increase 

may be exceeded during one such period per year at anyone location. 

3.3 Ambient Air Ceilings. No concentration of a pollutant shall exceed: 

3.3.1 The concentration permitted under the national secondary ambient air quality standard, or 

3.3.2 The concentration permitted under the national primary ambient air quality standard, 

whichever concentration is lowest for the pollutant for a period of exposure. 

3.4 Restrictions on Area Classification. 

3.4.1 All Areas in the State of Delaware are designated Class II, but may be redesignated as 

provided in 40 CFR 52.51 (g). 

3.4.2 The following areas may be redeSignated only as Class I: 

3.4.2.1 Bombay Hook National Wildlife Refuge; and 

3.4.2.2 A national park or national wilderness area established after August 7, 1977 which 

exceeds 10, 000 acres in size. 

3.5 Exclusions from Increment Consumption 

3.5.1 Upon written request of the governor, made after notice and opportunity for at least one 

public hearing to be held in accordance with procedures established by the State of Delaware, the 

Department shall exclude the following concentrations in determining compliance with a maximum 

allowable increase: 

3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources 

which have converted from the use of petroleum products, natural gas, or both by reason of an order in 

effect under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or 

any superseding legislation) over the emissions from such sources before the effective date of such an 

order; 

3.5.1.2 Concentrations attributable to the increase in emissions from sources which have 

converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the 

Federal Power Act over the emissions from such sources before the effective date of such plan; 

3.5.1.3 Concentrations Of particulate matter attributable to the increase in emissions from 

construction or other temporary emission-related activities of new or modified sources; 

3.5.2 No exclusion of such concentrations shall apply more than five years after the effective date 

of the order to which 3.5.1.1 of this regulation refers or the plan to which 3.5.1.2 of this regulation refers, 

whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more 

than five years after the later of such effective dates. 

3.6 Stack Heights 
The provisions of 7 DE Admin Code 1127 - STACK HEIGHTS, are applicable to 3.6 of 

this regulation. 

3.7 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions. 

3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this 

regulation apply shall begin actual construction without a permit which states that the stationary source or 

modification would meet those requirements. The Department has authority to issue any such permit. 

3.7.2 The requirements of 3.8 through 3.15 of this regulation shall apply to any major stationary 

source and any major modification with respect to each pollutant subject to regulation under the CM that 

it would emit, except as 3.0 of this regulation otherwise provides. 

3.7.3 The r~quirements of 3.8 through 3.15 of this regulation apply only to any major stationary 

source or major modification that would be constructed in an area deSignated as attainment or 

unclassifiable. 

3.7.4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major 

stationary source or major modification, if: 

3.7.4.1 The source or modification would be a nonprofit health or nonprofit educational 

institution, or a major modification would occur at such an institution, and the governor requests that it be 

exempt from those requirements; or 

3.7.4.2 The source or modification would be a major stationary source or major modification 

only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of 

the stationary source or modification and the source does not belong to any of the following categories: 

3.7.4.2.1 Coal cleaning plants (with thermal dryers); 

3.7.4.2.2 Kraft pulp mills; 

3.7.4.2.3 Portland cement plants; 

3.7.4.2.4 Primary zinc smelters; 

3.7.4.2.5 Iron and steel mills; 

3.7.4.2.6 Primary aluminum ore reduction plants; 

3.7.4.2.7 Primary copper smelters; 

3.7.4.2.8 Municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants; 

3.7.4.2.10 Petroleum refineries; 

3.7.4.2.11 Lime plants; 

3.7.4.2.12 Phosphate rock processing plants; 
3.7.4.2.13 Coke oven batteries; 

3.7.4.2.14 Sulfur recovery plants; 

3.7.4.2.15 Carbon black plants (furnace process); 

3.7.4.2.16 Primary lead smelters; 

3.7.4.2.17 Fuel conversion plants; 

3.7.4.2.18 Sintering plants; 

3.7.4.2.19 Secondary metal production plants; 

3.7.4.2.20 Chemical process plants; 

3.7.4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input: 

3.7.4.2.22 Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

3.7.4.2.23 Taconite ore processing plants; 

3.7.4.2.24 Glass fiber processing plants; 

3.7.4.2.25 Charcoal production plants; 

3.7.4.2.26 Fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; 

3.7.4.2.27 Any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the CM; or 

3.7.4.3 The source is a portable stationary source which has previously received a permit 

under 3.0 of this regulation, and, 

3.7.4.3.1 The owner or operator proposal to relocate the source and emissions of the 

source at the new location would be temporary; and 

3.7.4.3.2 The emissions from the source would not exceed its allowable emiSSions; 

and 

3.7.4.3.3 The emissions from the source would impact no Class I area and no area 

where an applicable increment is known to be violated; and 

3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation 

identifying the proposed new location and the probable duration of operation at the new location. Such 

notice shall be given to the Department not less than 10 days in advance of the proposed relocation 

unless a different time duration is previously approved by the Department. 
3.7.5 The requirements of 3.8 through 3.15 of this regulation shall not apply to a major stationary 

source or major modification with respect to a particular pollutant if the owner or operator demonstrates 

that, as to that pollutant, the source or modification is located in an area designated as non-attainment. 

3.7.6 The requirements of 3.9, 3.11, and 3.13 of this regulation shall not apply to a major 

stationary source or major modification with respect to a particular pollutant, if the allowable emissions of 

that pollutant from the source, or the net emissions iricrease of that pollutant from the modification: 

3.7.6.1 Would impact no Class I area and no area where an applicable increment is known 

to be violated, and 

3.7.6.2 Would be temporary. 

3.7.7 The Department may exempt a stationary source or modification from the requirements of 

3.11 of this regulation with respect to monitoring for a particular pollutant if: 

3.7.7.1 The emissions increase of the pollutant from the new source or the net emissions 

increase of the pollutant from the modification would cause, in any area, air quality impacts less than the 

following amounts: 

Carbon monoxide: 575 ug/m3

, eight~hour average; 

Nitrogen dioxide: 14 ug/m3, annual average; 

Total suspended particulate: 10 ug/m3, 24-hour average; 

Sulfur dioxide: 13 ug/m3

, 24-hour average; 

Ozone: (See Note 1) 

Lead: 0.1 !-I9/m3 3-month average; 

Mercury: 0.25 ug/m3

, 24-hour average; 

Beryllium: 0.0005 ug/m3, 24-hour average; 

Fluorides: 0.25 ug/m3, 24-hour average; 

Vinyl chloride: 15 ug/m3

, 24-hour average; 

Total reduced sulfur: 10 ug/m3, one-hour average; 

Hydrogen sulfide: 0.04 ug/m3

, one-hour average; 

Reduced sulfur compounds: 10 ug/m3

, one-hour average; 

PM10 particulate: 10 ug/m3, 24-hour average; 

PM2.s: 4 !-I9/m3, 24-hour average 
[Note 1: No de minimus air quality level is provided for ozone. However, any net increase of 

100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be 

required to perform an ambient impact analysis including the gathering of ambient air quality data.] 

3.7.7.2 The concentrations of the pollutant in the area that the source or modification would 

affect are less than the concentrations listed in 3.7.7.1 of this regulation, or the pollutant is not listed in 

3.7.7.1 of this regulation. 

3.8 Control Technology Review 

3.8.1 A major stationary source or major modification shall meet each applicable emissions 

limitation of the State of Delaware's Air Pollution Control Regulations. 

3.8.2 A new major stationary source shall apply best available control technology for each 

pollutant subject to regulation under the CAA that it would have the potential to emit in Significant 

amounts. 

3.8.3 A major modification shall apply best available control technology for each pollutant subject 

to regulation under the CAA for which it would result in a significant net emissions increase at the source. 

This requirement applies to each proposed emissions unit at which a net emissions increase in the 

pollutant would occur as a result of a phYSical change or change in the method of operation in the unit. 

3.8.4 For phase construction projects, the determination of best available control technology shall 

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 

months prior to commencement of construction of each independent phase of the project. At such time, 

the owner or operator of the applicable stationary source may be required to demonstrate the adequacy 

of any previous determination of best available control technology for the source. 

3.9 Source Impact Analysis 

3.9.1 The owner or operator of the proposed source or modification shall demonstrate that allowable 

emis~ion increases from the proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would not cause or contribute to 

air pollution in violation of: 

°Any national ambient air quality standard in any air quality control region; or 

°Any applicable maximum allowable increase over the baseline concentration in any area. 

3.9.2 The demonstration required in 3.9.1 will be deemed to have been made if the emissions 

increase from the new stationary source alone or the modification alone would cause, in all areas, air 

quality impacts less than the following significant impact levels: 

Pollutant 

Significant Impact Level 

,",g/m3 

Averaging Time 

Annual 

24-hour 

Class I 

0.06 

0.07 

Class" 

0.3 

1.2 

Class III 

0.3 

1.2 
3.10 Air Quality Models. 

3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be 

based on the applicable air quality models, databases, and other requirements specified in the "Guideline 

on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality 

Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). 

This document is incorporated by reference. 

3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is 

inappropriate, the model may be modified or another model substituted. Such a change must be subject 

to the notice and opportunity for public comment under 3.15 of this regulation. Written approval of the 

Department must be obtained for any modification or substitution. Methods like those outlined in the 

'Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of 

Air Quality Planning and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent 

revisions) should be used to determine the comparability of air quality models. 

3.11 Air Quality Analysis 

3.11.1 Preapplication Analysis. 

3.11.1.1 Any application for a permit under 3.0 of this regulation shall contain an analysis of 

ambient air quality in the area that the major stationary source or major modification would affect for each 

of the following poUutants: 

3.11.1.1.1 For the source, each pollutant that it would have the potential to emit in a 

Significant amount; 

3.11.1.1.2 For the modification, each pollutant for which it would result in a significant 

net emissions increase. 

3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality 

Standard exists, the analysis shall contain such air quality monitoring data as the Department determines 

is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant 

would affect. 

3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for 

which such a standard does exist, the analys.is shall contain continuous air quality monitoring data 

gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a 

violation of the standard or any maximum allowable increase: 

3.11.1.4 In general, the continuous air quality monitoring data that is required shall have 

been gathered over a period of at least one year and shall represent at least the year preceding receipt of 

the application, except that, if the Department determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year (but not to be less than 

four months), the data that is required shall have been gathered over at least that shorter period. 

3.11.1.5 The owner or operator of a proposed stationary source or modification of volatile 

organic compounds or nitrogen oxides who satisfies all of the following conditions may provide postapproval monitoring data for ozone in lieu of providing preconstruction data as required under 3.11.1 of 

this regulation. 
Condition 1: The new source is required to meet an emission limitation which specifies the lowest 

achievable emission rate for such source. 

Condition 2: The applicant must certify that all existing major sources owned or operated by the applicant 

(or any entity controlling, controlled by, or under common contfol with the applicant) in Delaware are in 

compliance with all applicable emission limitations and standards under the CAA (or are in compliance 

with an expeditious schedule approved by the Department). 

Condition 3: Emission reductions ("offsets") from existing sources in the area of the proposed source 

(whether or not under the same ownership) are required such that there will be reasonable progress 

toward attainment of the applicable NAAQS. Only intra pollutant emission offsets will be acceptable (e.g., 

hydrocarbon increases may not be offset against S02 (reductions». 

Condition 4: The emission offsets will provide a positive net air quality benefit in the affected area (see 40 

CFR Part 51 App. S). Atmospheric simulation modeling is not necessary for volatile organic compounds 

and NOx• Fulfillment of Condition 3 will be considered adequate to meet this condition for volatile organic 

compounds and NOx. 

3.11.2 Post-construction monitoring. The owner or operator of a major stationary source or major 

modification shall, after construction of the stationary source or modification conduct such ambient 

monitOring as the Department determines is necessary to determine the effect emissions from the 

stationary source or modification may have, or are having, on air quality in any area. 

3.11.3 Operations of monitoring stations. The owner or operator of a major stationary source or 

major modification shall meet the Quality Assurance Requirements for PSD Air Monitoring as 

preapproved by the Department during the operation of monitoring stations for purposes of satisfying 3.11 

of this regulation. 

3.12 Source Information. The owner or operator of proposed source or modification shall submit all 

information necessary to perform any analysis or make any determination required under 3.0 of this 

regulation. 

3.12.1 With respect to a source or modification to which 3.9,3.11, and 3.13 of this regulation 

apply, such information shall include but not be limited to: 

3.12.1.1 A description of the nature, location, design capacity and typical operating 

schedule of the source or modification, including specifications and drawings showing its design and plant 

layout; 

3.12.1.2 A detailed schedule for construction of the source or modification; 

3.12.1.3 A detailed description as to what system of continuous emission reduction is 

planned for the source or modification, emission estimates, and any other information necessary to 

determine that best aVc;lilable control technology would be applied. 

3.12.2 Upon request of the Department, the owner or operator shall also provide information on: 

3.12.2.1 The air quality impact of the source or modification, including meteorological and 

topographical data necessary to estimate such impact; and 

3.12.2.2 The air quality impacts, and the nature and extent of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977 or the applicable 

baseline date or dates, in the area the source or modification would affect. 
3.13 Additional Impact Analyses. 

3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the source or modification and general commercial, residential, 

industrial and other growth associated with the source or modification. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial or recreational value. 

3.13.2 The owner or operator shall provide an analysis of the air quality impact projected for the 

area as a result of general commercial, residential, industrial and other growth associated with the source 

or modification. 

3.14 Public Participation 

3.14.1 Within 30 days after receipt of an application to construct, or any addition to such 

application, the Department shall advise the applicant of any deficiency in the application or in the 

information submitted. In the event of such a deficiency, the date of receipt of the application shall be, for 

the purpose of 3.0 of this regulation, the date on which the Department received all required information. 

3.14.2 Within one year after receipt of a complete application, the Department shall make a final 

determination on the application. This involves performing the following actions in a timely manner: 

3.14.2.1 Make a preliminary determination whether construction should be approved, 

approved with conditions, or disapproved. 

3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the 

preliminary determination, and a copy or summary of other materials, if any, considered in making the 

preliminary determination. 

3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each 

region in which the proposed source or modification would be constructed, of the application, the 

preliminary determination, the degree of increment consumption that is expected from the source or 

modification, and the opportunity for comment at public hearing as well as written public comment. 

3.14.2.4 Send a copy of the notice of public comment to the applicant and to officials and 

agencies having cognizance over the location where the proposed construction would occur as follows: 

the chief executives of the city and county where the source or modification would be located and any 

comprehensive regional land use planning agency whose lands may be affected by emissions from the 

source or modification. Additionally, if the proposed source would have significant interstate impact, the 

Governor of that impacted state would be notified. 

3.14.2.5 Provide opportunity for a public hearing for interested persons to appear and 

submit written or oral comments on the air quality impact of the source or modification, alternatives to the 

source or modification, the control technology required, and other appropriate considerations. 

3.14.2.6 Consider all written comments submitted within a time specified in the notice of 

public comment and all comments received at any public hearing or hearings in making a final decision 

on the approvability of the application. No later than 10 days after the close of the public comment period, 

the applicant may submit a written response to any comments submitted by the public. The Department 

shall consider the applicant's response in making a final decision. The Department shall make all 

comments available for public inspection in the same locations where the Department made available 

preconstruction information relating to the proposed source or modification. 
3.14.2.7 Make a final determination whether construction should be approved. approved 

with conditions. or disapproved pursuant to 3.0 of this regulation. 

3.14.2.8 Notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source or modification. 

3.15 Source Obligation. 

3.15.1 Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any 

approval to construct. or any owner or operator of a source or modification subject to 3.0 of this regulation 

who commences construction after the effective date of these regulations without applying for and 

receiving approval hereunder. shall be subject to appropriate enforcement action. 

3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 

months after receipt of such approval. if construction is discontinued for a period of 18 months or more. or 

if construction is not completed within a reasonable time. The Department may extend the 18-month 

period upon a satisfactory showing that an extension is justified. This provision does not apply to the time 

period between constructions of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement date. 

3.15.3 Approval to construct shall not relieve any owner or operator of the responsibility to comply 

fully with applicable provisions of any other requirements under local or Federal law. 

3.15.4 At such time that a particular source or modification becomes a major stationary source or 

major modification solely by virtue of a relaxation in any enforceable limitation which was established after 

August 7. 1980 on the capacity of the source or modification otherwise to emit a pollutant. such as a 

restriction on hours of operation. then the requirements of 3.8 through 3.15 of this regulation shall apply to 

the source or modification as though construction had not yet commenced on the source or modification. 

3.16 Innovative Control Technology. 

3.16.1 An owner or operator of a proposed major stationary source or major modification may 

request the Department in writing no later than 30 days after the close of the public comment hearing to 

approve a system of innovative control technology. 

3.16.2 The Department shall. with the consent of the Governor of Delaware. determine that the 

source or modification may employ a system of innovative control technology. if: 

3.16.2.1 The proposed control system would not cause or contribute to an unreasonable 

risk to public health. welfare. or safety in its operation or function; 

3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction 

equivalent to that which would have been required under 3.8.2 of this regulation by a date speCified by 

the Department. Such date shall not be later than four years from the time of startup or seven years from 

permit issuance; 

3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this 

regulation based on the emissions rate that the stationary source employing the system of innovative 

control technology would be required to meet on the date specified by the Department; 
3.16.2.4 The source or modification would not be before the date specified by the 

Department: 

3.16.2.4.1 Cause or contribute to a violation of an applicable national ambient air 

quality standard; or 

3.16.2.4.2 Impact any Class I area; or 

3.16.2.4.3 Impact any area where an applicable increment is known to be violated; and 

3.16.2.5 All other applicable requirements including those for public participation have been 

met. 

3.16.3 The Department shall withdraw any approval to employ a system of innovative control 

technology made under 3.0 of this regulation, if: 

3.16.3.1 The proposed system fails before the specified date to achieve the required 

continuous emissions reduction rate; or 

3.16.3.2 The proposed system fails before the specified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; or . 

3.16.3.3 The Department decides at any time that the proposed system is unlikely to 

achieve the required level of control or to protect the public health, welfare, or safety. 

3.16.4 If a source or modification fails to meet the required level of continuous emission reduction 

within the specified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, 

the Department may allow the source or' modification up to an additional three years to meet the 

requirement for the application of best available control technology through use of a demonstrated system 

of control. 

13 DE Reg. 1345 (04/01/10) 
Ind~pendent Newspapers, Inc. 

P.o. Box 1001 • Dover~ Delaware • 19903· 1-800-282-8586 

State of Delaware: 

;s~, 

Counties of Kent: : 

Before me, a Notary Public, for the County and State aforesaid, Wanda Ford-Waring, 

known to me to be such, who being sworn according to law deposes and says that she is 

an officer of Independent Newspaper Inc, the Publisher of the The Delaware State 

News, a daily newspaper published at Dover, County of Kent, and State of Delaware, and 

that the notice, a copy of . ch i~ re~<).,attached as published in the The Delaware 

State News in its issue of '"' . ( 

Sworn to and subscribed before me this f hl 

DaYOf ____ !7JJNfJ~~( ~ L----::--_A.D. [10 Ii 

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AFFIDAVIT OF PUBLICATION 

State of Delaware 

Personally appeared before me this 18th day of April, 2011 _ 

I, Kristin Segner, of The News Journal Company, a daily newspaper printed and published 

in the County of New Castle County, State of Delaware, whQ, being duly sworn states that 

the advertisement of SID DNREC Division of Air Quality - Public Hearings 

was published in The News Journal on April 17,2011 

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Title 

Sworn to before me this 18th day of April, 2011 

~ Notary Public 

Wanda James 

Notary Public 

State of Delaware 

;> :;rr,; nission expires 11 /02/2012 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

& ENVIRONMENTAL CONTROL 

DIVISION OF AIR QUALITY 

655 S. Bay Road, Suite 5N 

DOVER, DELAWARE 19901 

CERTIFICATION 

March 12,2012 

Telephone: (302) 739 - 9402 

Fax No.: (302) 739 - 3106 

I hereby certifY that a public hearing was held May 23, 2011, on a revision to the State of Delaware State 

Implementation Plan. The revision amends 7 DE Admin. Code 1125 - REQUIREMENTS FOR 

PRECONSTRUCTION REVIEW, to allow major new source review (NSR) permitting of 

qualifying sources of particulate matter with an aerodynamic diameter equal to or less than 2.5 

micrometers (PM2.s) and of sources of two PM2.5 precursors, sulfur dioxide and nitrogen oxides. 

The effective date of the amendments is February 11 , 2012. 

I further certify that the hearing was held in accordance with the notice required by Subsection 

51.102 of 40 CFR 51. 

Director 

Division of Air Quality 

Printed on 

Recycled Paper 

, . 

TO: 

FROM: 

RE: 

DATE: 

MEMORANDUM 

The Honorable Collin P. O'Mara 

Cabinet Secretary, Dept. of Natural Resources and Environmental Control 

LisaA. ves~ Public Heanng Officer, Office of the Secretary 

Department of Natural Resources and Environmental Control 

Proposed Amendments to 7 DE Admin. Code 1125, Requirements for 

Preconstruction Review: Sections 1.9 ("Definitions"), 2.0 ("Emissions 

Offset Provisions"), and 3.0 ("Prevention of Significant Deterioration of 

Air Quality [PSD],,) 

January 5, 2012 

I. Background: 

A public hearing was held on Monday, May 23, 2011, at 6:00 p.m. at the 

Department of Natural Resources and Environmental Control ("DNREC", 

"Department"), 89 Kings Highway, Dover, Delaware to receive comment on proposed 

amendments to 7 DE Admin. Code 1125, Requirements for Preconstruction Review: 

Sections 1.9 ("Definitions"), 2.0 ("Emissions Offset Provisions"), and 3.0 ("Prevention of 

Significant Deterioration of Air Quality [PSD]). These amendments are required by the 

U.S. Environmental Protection Agency ("EPA") to allow new source review permitting 

of qualifying emission sources of particulate matter ("PM") with an aerodynamic 

diameter equal to or less than 2.5 micrometers (PM2.5) and of emission sources of two 

PM2.5 precursors, sulfur dioxide and/or nitrogen oxides, to conform to the requirements of 

the EPA PM2.5 new source review permitting program, as shown in 73 FR 28321 and 75 

FR 64864. 
Previously, particulate matter was regulated in the size range of equal to or less 

than 10 micrometers in diameter. EPA has since determined that PM in the smaller size 

range was more detrimental to public health, as they were more easily inhaled by people 

and would lodge in the lungs and not be easily removed, causing numerous breathingrelated problems. 

EPA established air quality standards for PM2.5 in 1997. Since then, the standards 

have been revised, but implementation was delayed by various court challenges. On May 

16, 2008, EPA published a final rule defining the new source review permitting program 

for PM25 (73 FR 28321). This rule also set-up a transitional permitting program and 

required State Implementation Plan (SIP) approved states, such as Delaware, to adopt and 

submit SIP revisions within three years of rule publication. Therefore, this proposed 

promulgation action is necessary for Delaware to remain compliant with the 

aforementioned EPA rule which defines the new source review permitting program. 

As noted above, the Department held a public hearing to receive comment on this 

proposed promulgation on Monday, May 23, 2011. Comments were received by the 

Department concerning this matter at the time of the public hearing, and the same will be 

addressed below. Proper notice of the hearing was provided as required by law. 

II. Summary of Hearing Record: 

At the time of the hearing on May 23, 2011, Gene Pettingill, an Environmental , I 

I 

Engineer in the Planning Branch of the Department's Division of Air Quality ("DAQ") \ 

, 

offered the Department's twelve (12) exhibits pertaining to these proposed amendments, 

and this Hearing Officer entered them into the formal hearing record developed in this 

2 
matter. Included within those Departmental exhibits were copies of the Start Action 

Notices for this promulgation, copies of the legal notices regarding the holding of this 

public hearing on May 23, 2011, and copies of the actual proposed amendments to the 

aforementioned affected sections of 7 DE Admin. Code 1125. 

Mr. Pettingill then offered a brief summary regarding the history of PM2.5 

regulation here in Delaware. Currently, New Castle County is designated as nonattainment (while Kent and Sussex Counties are designated as in attainment) of the 

applicable National Ambient Air Quality Standard for PM2.5. PM25 is emitted from a 

number of sources, particularly, combustion sources. Emissions from a stationary source 

stack are comprised of both a filterable fraction (solid particles) and a condensable 

fraction that remains in a gaseous form due to the heat in the stack exhaust stream, which 

condenses into fine particulate matter when the stream is cooled in ambient air. Both 

fractions, together termed direct PM2.5, must be determined. Any source considered 

major for direct PM2.5 that is newly constructed or subject to a major modification may 

trigger new source review permitting. 

PM2.5 may also be generated in the atmosphere through complex reactions of 

precursor compounds such as sulfur dioxide (S02), nitrogen oxides (NOx), ammonia 

(NH3) and volatile organic compounds (VOC), which is referred to as indirect PM2.5. In 

Delaware, sulfur dioxide and nitrogen oxides will be considered as precursors. Ammonia 

and VOC can be considered precursors only if a state demonstrates these are significant 

contributors to PM2.5 formation, a position Delaware has not taken. Therefore, any 

source considered major for sulfur dioxide or nitrogen oxides that is newly constructed or 

subject to a major modification may trigger new source review permitting. This is not a 

3 
new situation for NOx, since the entire state is in non-attainment for ground-level ozone 

(for which NOx is already considered a precursor), but, a new situation for sources 

emitting sulfur dioxide. 

When a facility is newly constructed, or an existing facility modified in a PM2.5 

non-attainment area causes an increase in PM2.5, NOx, or S02 emissions (which trigger 

new source review permitting), the facility must obtain offsetting emission credits, either 

from corresponding reductions within their own facilities, or by trading with or purchase 

from a facility with available reductions. Interpollutant trading ratios have yet to be 

determined. In the interim, EPA has suggested the following place holder statement, 

which the Department has added as Section 2.5.7: 

The Department may allow the offset requirement in 2.5 of 

this regulation for direct PM2.5 emissions or precursors of 

PM25 (sulfur dioxide or NOx) to be satisfied by offsetting 

reductions in direct PM2.5 emissions or emissions of sulfur 

dioxide or NOx using a ratio approved by the Department 

for the non-attainment area after public review and 

comment. Prior to making a final determination on the 

interpollutant trading ratios for a non-attainment area, the 

Department shall submit the interpollutant trading ratios 

and supporting information to the EPA for concurrence. 

Before the trading ratios are actually used, the revised regulation 1125, including 

the trading ratios concurred with by EPA, will undergo appropriate noticing and public 

hearing processes and will be submitted to EPA for approval and inclusion in the 

Delaware SIP. 

Following the Department's presentation at the public hearing, verbal comment 

was presented by three individuals: Stuart Widom of Calpine Corporation, Robert 

Whetzel representing the Delaware State Chamber of Commerce, and David Bacher of 

NRG. These verbal comments were then followed up with the submission of written 

4 
" . 

comments (prior to the close of the public comment period) from Thomas S. Webster 

representing Dupont Engineering, Robert Muche representing Delaware City Refining 

Company, and, once again, Stuart Widom of Calpine Corporation. The Department 

reviewed all comments received, and identified, in total, seven (7) unique comments with 

regard to this proposed promulgation, The Division of Air Quality then summarized each 

of these seven comments in their Technical Response Memorandum ("TRM") dated June 

30, 2011 and received by this Hearing Officer on July 12, 2011. 

While the Department agreed with several of the written comments submitted 

(and, in response, made several non-substantive revisions for clarification purposes to the 

proposed regulation amendments accordingly), there were other concerns to which the 

Department responded with their rationale as to why these revisions should go forward as 

proposed at this time. It should also be noted that, in addition to the Department's 

response to the public comment received in this matter, there were also several clerical, 

non-substantive errors found within the proposed regulation amendments during the 

Division of Air Quality's exhaustive review of the record. These clerical errors were 

corrected, and are included within the revised proposed regulation amendments at this 

time. 

Given the nature of the comments received by the Department in this matter, and 

the thoroughness of the Department's review and detailed response to the same (and, in 

the spirit of full disclosure to the regulated community), the Division of Air Quality 

forwarded a copy of aforementioned TRM, along with the proposed revised amendments 

to regulation 1125, to those persons who had originally offered their concerns to the 

Department, and requested those individuals to provide additional comment, if desired, to 

5 
· .. 

the Department within ten (10) days from the date of the transmission letter. This action 

was taken by the Division of Air Quality in August of 2011, to ensure that the concerns 

of the regulated community with respect to this promulgation had been thoroughly 

addressed by the Department, and that no additional vetting of this proposed 

promulgation would be necessary. It should be noted that no additional comments were 

received by the Department concerning this matter. 

For the Secretary's review, and in order for the Secretary to gain a thorough 

understanding of this proposed promulgation, copies of the above-referenced proposed 

revised amendments are attached hereto as Appendix "A", and the same are expressly 

incorporated into this Hearing Officer's Report. 

It should be noted that the Department adhered to all appropriate Delaware 

statutes and the regulatory development process in this matter, and that the Department 

has met the required public notice obligations regarding these proposed amendments. It 

should also be noted that the Department has reviewed this proposed amendment in the 

light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and 

desirable, and that the recommendations as proposed should be applicable to all Delaware 

citizens equally. 

III. Conclusions and Recommendations: 

Based on the record developed in this matter, I conclude that the Department has 

provided appropriate reasoning regarding the need for these proposed revised 

amendments to 7 DE Admin. Code 1125, Requirements for Preconstruction Review: 

Sections 1.9 ("Definitions"), 2.0 ("Emissions Offset Provisions"), and 3.0 ("Prevention of 

Signification Deterioration of Air Quality [PSD]). I also recommend the adoption of the 

6 
· .. 

proposed revised regulatory amendments, based upon the reasoning as set forth in the 

aforementioned TRM provided by DAQ. Accordingly, I recommend promulgation of 

these proposed revised amendments in the customary manner provided by law. 

Further, I recommend the following findings: 

1. The Department has jurisdiction under its statutory authority, 7 Del.e., 

Chapter 60, to make a determination in this proceeding; 

2. The Department provided adequate public notice of the proceeding and the 

public hearing in a manner required by the law and regulations; 

3. The Department held a public hearing in a manner required by the law and 

regulations; 

4. The Department has reviewed these proposed revised amendments in the light 

of the Regulatory Flexibility Act, and believes the same to be lawful, feasible 

and desirable, and that the recommendations as proposed should be applicable 

to all Delaware citizens equally; 

5. The aforementioned proposed amendments to 7 DE Admin. Code 1125 will 

enable Delaware to do the following: (1) conform to the federal requirements 

concerning new source permitting of qualifying sources of particulate matter 

with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2S) 

and of sources of two PM2.5 precursors, sulfur dioxide (S02) and nitrogen 

oxides (NOx); and (2) correct several known non-substantive clerical errors 

contained within the current version of this regulation; 

6. The Department has an adequate record for its decision, and no further public 

hearing is appropriate or necessary; 

7 
_._

7. The Department's proposed revised amendments to these regulations, as 

published in the May 1, 2011 Delaware Register of Regulations and set forth 

within Appendix "A" hereto, are adequately supported, not arbitrary or 

capricious, and are consistent with the applicable laws and regulations. 

Consequently, they should be approved as a final regulation, which shall go 

into effect ten days after their publication in the next available issue of the 

Delaware Register of Regulations; and 

8. The Department shall submit the proposed regulation amendments as final to 

the Delaware Register of Regulations for publication in its next available 

issue, and shall provide written notice to the persons affected by the Order. 

/ahear/ Reg. 1125. Sect 1.9.2 and 3 

8 

" ',' . 

i 

I 

I 

I 

I Ii 

II 

II 

j 

I 
2/11/2012 

TITLE 7 NATURAL RESOURCES & ENVIRONMENTAL CONTROL 

DELAWARE ADMINISTRATIVE CODE 

1100 Air Quality Management Section 

1125 Requirements for Preconstruction Review 

1.0 General Provisions 

1.1 Requirements of this regulation are in addition to any other requirements of the State of Delaware 

Regulations Governing the Control of Air Pollution. 

1.2 Any stationary source which will impact an attainment area or an unclassifiable area as 

designated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 107 of the 

Clean Air Act Amendments of 1990 (CM), is subject to the provisions of 3.0 of this regulation, 

Prevention of Significant Deterioration (PSD). 

1.3 Any stationary source which will impact a non-attainment area as designated by the EPA 

pursuant to Section 107 of the CM is subject to 2.0 of this regulation, Emission Offset Provisions 

(EOP). 

1.4 A source may be subject to PSD for one pollutant and to EOP for another pollutant, or may 

affect both attainment or unclassifiable areas and a non-attainment area for the same 

pollutant. 

1.5 Any emission limitation represented by Lowest Achievable Emission Rate (LAER) may be 

imposed by the Department pursuant to regulations adopted under 20 of this regulation herein 

notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations 

Governing the Control of Air Pollution. 

1.6 Any emission limitation represented by Best Available Control Technology (BACT) may be 

imposed by the Department pursuant to regulations adopted under 3.0 of this regulation herein 

notwithstanding any emission limit specified elsewhere in 7 DE Admin. Code 1100, Regulations 

Governing the Control of Air Pollution. 

1.7 No stationary source shall be constructed unless the applicant can substantiate to the 

Department that the source will comply with any applicable emission limit or New Source 

Performance Standard or Emission Standard for a Hazardous Air Pollutant as set forth in 7 DE 

Admin. Code 1100 Regulations Governing the Control of Air Pollution. 

1.8 Any stationary source that implements, for the purpose of gaining relief from 3.0 of this regulation, 

by any physical or operational limitation on the capacity of the source to emit a pollutant, including 

(but not limited to) air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

and the limitation or the effect it would have on emissions is enforceable, not withstanding any 

emission limit specified elsewhere in 7 DE Admin. Code 1100 Regulations Governing the Control 

of Air Pollution. If a source petitions the Department for relief from any resulting limitation 
described above, the source is subject to review under 2.0 and 3.0 of this regulation as though 

construction had not yet commenced on the source or modification. 

1.9 Definitions - For the purposes of this regulation 

"Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as 

determined in accordance with the three subparagraphs below. 

In general, actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the unit actually emitted the pollutant during a two-year period which 

precedes the particular date and which is representative of normal source operation. The 

Department shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period. 

The Department may presume that source-specific allowable emissions for the unit are 

equivalent to the actual emissions of the unit. 

For any emissions unit, which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date. 

"Allowable Emissions" means the emissions rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to enforceable limits, which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

The applicable standards 

as set forth in 7 DE Admin. Code 1120 and 1121; 

Other applicable Delaware State Implementation Plan emissions limitations, including 

those with a future compliance date; or 

The emissions rate specified as an enforceable permit condition, including those with a 

future compliance date. 

"Baseline Area" means any intrastate area (and every part thereof) designated as attainment or 

unclassifiable in which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact of the pollutant for which the 

baseline date is established, as follows: equal to or greater than one J.1g/m3 (annual average). for 

S02, N02, or PMlO; or equal to or greater than 0.3 J.1g/m3 (annual average) for PM2S· 

Area redesignations cannot intersect or be smaller than the area of impact of any major 

stationary source or major modification which: 

Establishes a minor source baseline date, or 

Is subject to this regulation. 

"Baseline Concentration" means that ambient concentration level which exists in the baseline 

area at the time of the applicable minor source baseline date. A baseline concentration is 

determined for each pollutant for which a minor source baseline date is established and shall 

include: 
The actual emissions representative of sources in existence on the applicable minor 

source baseline date, except as listed under Exceptions below . 

• The allowable emissions of major stationary sources which commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source 

baseline date. 

Exceptions: The following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase or increases: 

Actual emissions from any major stationary source on which construction commenced 

after the major source baseline date; and 

Actual emissions increases and decreases at any stationary source occurring after the 

minor source baseline date. 

"Major Source Baseline Date" means in the case of PM10 and S02, January 6, 1975; in the 

case of N02, February 8, 1988; and, in the case of PM2.5, October 20,2010. 

"Minor Source_Baseline Date" 

Minor Source Baseline €late means the earliest date, after August 7, 1977 in the case of 

PM IO and S02; after February 8, 1988 in the case of N02; and, after October 20, 2011 in 

the case of PM25, on which the first complete application is submitted by a major 

stationary source or major modification subject to the requirements of 3.0 of this 

regulation. 

The minor source baseline date is established for each pollutant for which increments or 

other equivalent measures have been established if: 

The area in which the proposed source or modification would construct is designated 

as attainment or unclassifiable for the pollutant on the date of its complete application 

under 1.0 of this regulation; and 

In the case of a major stationary source, the pollutant would be emitted in significant 

amounts, or, in the case of a major modification, there would be a significant net 

emissions increase of the pollutant. 

"Begin Actual Construction" means, in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, laying underground pipework and 

construction of permanent storage structures. With respect to a change in method of operations, 

this term refers to those on-site activities other than preparatory activities which mark the initiation 

of the change. 

"Best Available Control Technology (BACT)" means an emisSions limitation (including a 

visible emission standard) based on the maximum degree of reduction for each pollutant subject 

to regulation under CAA which would be emitted from any proposed major stationary source or 

major modification which the Department, on a case-by-case basis, takes into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application of production processes or available methods, systems, and 
techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of best available control technology result in 

emissions of any pollutant which would exceed the emissions allowed by any applicable standard 

under 7 DE Admin. Code 1120 and 1121. If the Department determines that technological or 

economic limitations on the application of measurement methodology to a particular emissions 

unit would make the imposition of an emissions standard infeasible, a design, equipment, ~ork 

practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of best available control technology. Such standard shall, to the 

degree possible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for compliance by means which achieve 

equivalent results. 

"Building, Structure, Facility, or Installation" means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control). 

Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same "Major Group" (i.e., which have the same first two digit code) as described in 

the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. 

Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively). For 

purposes of 2.0 of this regulation for VOC and NOx pollutant-emitting activities, this definition 

shall apply only to the "Building, Structure or Facility". 

"Commence" as applied to construction of a major stationary source or major modification 

means that the owner or operator has all necessary preconstruction approvals or permits and 

either has: 

Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time; or 

Entered into binding agreements or contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner or operator, to undertake a program of 

actual construction of the source to be completed within a reasonable time. 

"Complete" means, in reference to an application for a permit, that the application contains all of 

the information necessary for processing the application. 

"Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition or modification of an emissions unit) which would 

result in a change in actual emissions. 

"Condensable Particulate Matter" means material that is vapor phase at stack conditions, but 

condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM 

immediately after discharge from the stack. Note that all condensable PM is assumed to be in 

the PM2.5 size fraction. 

"Direct Particulate Matter" means particles that enter the atmosphere as a direct emission from 

a stack or an open source. Direct PM comprises two components: filterable PM and condensable 

PM. These two PM components have no upper particle size limit. 

"Direct PM2.s" means combined filterable PM2.5 and condensable PM with an aerodynamic 

diameter less than or equal to 2.5 micrometers. These solid particles are emitted directly from an 

air emissions source or activity, or are the gaseous emissions or liquid droplets from an air 

emissions source or activity that condense to form PM at ambient temperatures. Direct PM25 

emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, 
directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, 

metals, and sea salt). 

"Emissions Unit" means any part of a stationary source which emits or would have the potential 

to emit any pollutant subject to regulation under the CM. 

"Enforceable" means any standard, requirement, limitation or condition established by an 

applicable federal or state regulation or specified in a permit issued or order entered thereunder, 

or contained in a SIP approved by the Administrator of the U.S. Environmental Protection Agency 

(EPA), and which can be enforced by the Department and the Administrator of the EPA. 

"Filterable PM" means particles that are emitted directly by a source as a solid or liquid at stack 

or release conditions and captured on the filter of a stack test train. 

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

"Fixed Capital Cost" means the capital needed to provide all the depreciable components. 

"Greenhouse Gases (GHG)" means an air pollutant composed of an aggregate group of six 

greenhouse gases; carbon dioxide (C02), nitrous oxide (N20), methane (CH4), 

hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6). For the 

purposes of this regulation, the term C02equivaient emissions (C02e) shall represent an amount 

of GHG emitted, and shall be computed as follows; 

Multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the 

pollutant GHG by the gases associated global warming potential as shown in Table 1-1 of 

this regulation. 

Sum the resultant value for each gas to compute a tpy C02e 

Table 1-1 

GLOBAL WARMING POTENTIALS 

Name CAS No. Chemical formula Global warming 

potential (100 yr.) 

Carbon dioxide 124-38-9 CO2 1 

Methane 74-82-8 CH4 21 

Nitrous oxide 10024-97-2 N20 310 

HFC-23 75-46-7 CHF3 11,700 

HFC-32 75-10-5 CH2F2 650 

HFC-41 593-53-3 CH3F 150 

HFC-125 354-33-6 C2HFs 2,800 

HFC-134 359-35-3 C2H2F4 1,000 

HFC-134a 811-97-2 CH2FCF3 1,300 

HFC-143 430-66-0 C2H3F3 300 

HFC-143a 420-46-2 C2H3F3 3,800 

HFC-152 624-72-6 CH2FCH2F 53 

HFC-152a 75-37-6 CH3CHF2 140 

HFC-161 353-36-6 CH3CH2F 12 

HFC-227ea 431-89-0 C3HF7 2,900 
HFC-236cb 677-56-5 CH2FCF2CF3 1,340 

HFC-236ea 431-63-0 CHF2CHFCF3 1,370 

HFC-236fa 690-39-1 C3H2FS 6,300 

HFC-245ca 679-86-7 C3H3F5 560 

HFC-245fa 460-73-1 CHF2CH2CF3 1,030 

HFC-365mfc 406-58-6 CH3CF2CH2CF3 794 

HFC-43-10mee 138495-42-8 CF3CFHCFHCF2CF3 1,300 

Sulfur hexafluoride 2551-62-4 SFs 23,900 

PFC-14 (Perfluoromethane) 75-73-0 CF4 6,500 

PFC-116 (Perfluoroethane) 76-16-4 C2FS 9,200 

PFC-218 (Perfluoropropane) 76-19-7 C3Fe 7,000 

Perfluorocyclopropane 931-91-9 C3FS 17,340 

PFC-3-1-10 (perfluorobutane) 355-25-9 C4F10 7,000 

Perfluorocyclobutane 115-25-3 C4Fe 8,700 

PFC-4-1-12 (Perfluoropentane) 678-26-2 C5F12 7,500 

PFC-5-1-14 (Perfluorohexane) 355-42-0 CSF14 7,400 

PFC-9-1-18 306-94-5 C1OF18 7,500 

"Innovative Control Technology" means any system of air pollution control that has not been 

adequately demonstrated in practice, but would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or of achieving at 

least comparable reductions at lower cost in terms of energy economics, or non-air quality 

environmental impacts. 

"Lowest Achievable Emission Rate" (LAER) means the same as defined in 7 DE Admin. Code 

1101, "Definitions and Administrative Principles". 

"Major Modification" 

Major modification means any physical change or change in the method of operation of a 

major stationary source that would result in a significant net emissions increase of any 

pollutant subject to regulation under the CM. 

Any net emissions increase that is significant for either volatile organic compounds or 

nitrogen oxides shall be considered significant for ozone. 

A physical change or change in the method of operation shall not include: 

Routine maintenance, repair and replacement; 

Use of an alternative fuel or raw material by reason of an order under sections 2(a) 

and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas curtailment plan pursuant to 

the Federal Power Act; 

Use of an alternative fuel by reason of an order or rule under Section 125 of the CM; 

Use of an alternative fuel at a steam-generating unit to the extent that the fuel is 

generated from municipal solid waste; 
Use of an alternative fuel or raw material by a stationary source which: 

The source was capable of accommodating before January 6, 1975; unless such 

change would be prohibited under any previously issued permit condition which 

was established after January 6, 1975; 

The source is approved to use under any previously issued PSD permit or under 

3.0 of this regulation; 

An increase in the hours of operation or in the production rate, unless such change 

would be prohibited under any previously issued permit condition which was 

established after January 6, 1975; 

Any change in ownership at a stationary source. 

"Major Stationary Source" - See 2.2 and 3.1 of this regulation. 

"Necessary Preconstruction Approvals or Permits" means those permits or approvals 

required under Delaware air quality control laws and regulations. 

"Net Emissions Increase" 

Net emissions increase means the amount by which the sum of the following exceeds 

zero: 

Any increase in actual emissions from a particular physical change or change in 

method of operation at a stationary source; and 

Any other increases and decreases in actual emIssIons at the source that are 

contemporaneous with the particular change and are otherwise creditable. 

An increase or decrease in actual emissions is contemporaneous with the increase from 

the particular change only if it occurs between: 

The date five years before construction on the particular change commences; and 

The date that the increase from the particular change occurs. 

An increase or decrease in actual emissions is creditable only if the Department has not 

relied on it in issuing a permit for the source under this regulation, which permit is in 

effect when the increase in actual emissions from the particular change occurs. 

An increase or decrease in actual emissions of sulfur dioxide or particulate matter which 

occurs before the applicable baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining 

available. 

An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

A decrease in actual emissions is creditable only to the extent that: 
------ ------------------------

The old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

It is enforceable at and after the time that actual construction on the particular 

change begins; and 

It has approximately the same qualitative significance for public health and welfare as 

that attributed to the increase from the particular change. 

It has not been adopted by the Department as a required reduction to be made part 

of the SIP or it is not required by the Department pursuant to an existing requirement 

of the SIP. 

An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after 

a reasonable shakedown period, not to exceed 180 days. 

"Ozone Transport Region" means the region designated by section 184 of the federal Clean Air 

Act and comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated 

Metropolitan Statistical Area that includes the District of Columbia and northern Virginia. 

"Permanent" (Reductions) means that the actual emission reductions submitted to the 

Department for certification have been incorporated in a permit or a permit condition or, in the 

case of a shutdown, the permit to operate for the emission unit or units has been voided. 

"Potential to Emit" means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity of 

the source to emit a pollutant, including air pollution' control equipment and restrictions on hours 

of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining the potential to emit of a stationary 

source. 

"Quantifiable" (Reductions) means that the amount, rate and characteristics of emission 

reductions can be determined by methods that are considered reliable by the Department and the 

Administrator of the EPA 

"Real" (Reductions) means reductions in actual emissions released into the atmosphere. 

"Reconstruction" will be presumed to have taken place where the fixed capital cost of the new 

components exceeds 50% of the fixed capital cost of a comparable entirely new stationary 

source. Any final decision as to whether reconstruction has occurred shall be made in 

accordance with the provisions of 40 CFR 60.15(f)(1 )-(3). A reconstructed stationary source will 

be treated as a new stationary source for purposes of this regulation. In determining lowest 

achievable emission rate (LAER) for a reconstructed stationary source, the provisions of 40 CFR 

60.15(f)(4) shall be taken into account in assessing whether a new source performance standard 

is applicable to such stationary source. 

"Secondary Emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For the purpose of this regulation, secondary 
emissions must be specific, well defined, quantifiable, and impact the same general area as the 

stationary source or modification which causes the secondary emissions. Secondary emissions 

may include, but are not limited to: 

Emissions from ships, trains, or other vehicles coming to or from the new or modified 

stationary source; and 

Emissions from any offsite support facility or facilities which would not otherwise be 

constructed or increase its emissions as a result of the construction or operation of the 

major stationary source or major modification. 

"Significant" 

(a) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emissions that would equal or exceed any of the 

following rates: 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (TPY) 

Sulfur dioxide: 40 TPY 

Particulate matter: 25 TPY 

Ozone: 

New Castle and Kent Counties - 25 TPY of either volatile organic compounds or nitrogen 

oxides· 

Sussex County - 40 TPY of either volatile organic compounds or nitrogen oxides· 

Lead: 0.6 TPY 

Asbestos: 0.007 TPY 

Beryllium: 0.0004 TPY 

Mercury: 0.1 TPY 

Vinyl chloride: 1 TPY 

Fluorides: 3 TPY 

Sulfuric acid mist: 7 TPY 

Hydrogen sulfide (H2S): 10 TPY 

Total reduced sulfur (including H2S): 10 TPY 

Reduced sulfur compounds (including H2S): 10 TPY 

PM,o particulate: 15 TPY 

PM25: 10 TPY of direct PM25 emissions; 40 TPY of sulfur dioxide emissions; 40 TPY nitrogen 

oxide emissions. 

*Note: Increases in net emissions shall not exceed 25 tons per year in New Castle and Kent 

Counties, or 40 tons per year in Sussex, when aggregated with all other net increases in 

emissions from the source over any period of five consecutive calendar years which includes the 

calendar year in which such increases occur. No part of the five consecutive years shall extend 

before January 1, 1991. 

(b) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit a pollutant subject to regulation under the CM that (a) does not list, any emissions rate. 

(c) Notwithstanding (a), "significant" means any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct within ten 

kilometers of a Class I area, and have an impact on such area equal to or greater than one 

~g/m3, (24-hour average). 
--_ ... 

, 

"Stationary Source" means any building, structure, facility or installation which emits or may 

emit any air pollutant subject to regulation under the CM. 

"Subject to Regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by EPA, that requires 

actual control of the quantity of emissions of that pollutant. and that such a control requirement 

has taken effect and is operative to control, limit or restrict the quantity of emissions of that 

pollutant released from the regulated activity. Except that GHG shall not be subject to regulation 

except as follows: 

(a) Beginning January 2, 2011, the pollutant GHG shall be subject to regulation if: 

The stationary source is a new major stationary source for any pollutant subject to 

regulation under the CM that is not GHG and also will emit or will have the potential to 

emit 75,000 tpy C02e or more; or 

The stationary source is an existing major stationary source for any pollutant subject to 

regulation under the CM that is not GHG and also will have an emissions increase of 

that pollutant and an emissions increase of 75,000 tpy C02e or more: and, in addition, 

(b) Beginning July 1, 2011, the pollutant GHG also shall be subject to regulation: 

At a new stationary source that will emit or have the potential to emit 100,000 tpy C02e: 

or 

At an existing stationary source that emits or has the potential to emit 100,000 tpy C02e 

when such stationary source undertakes a physical change or change in the method of 

operation that will result in an emissions increase of 75,000 tpy C02e or more. 

The term emissions increase, as used above, shall mean that both a significant emissions 

increase and a significant net emissions increase occur. 

"Surplus" (Reductions) means actual emission reductions below the baseline (see 2.5.2 of this 

regulation) not required by regulations or proposed regulations, and not used by the source to 

meet any state or federal regulatory requirements. 

14 DE Reg. 579 (12/01/10) 

2/11/2012 

2.0 Emission Offset Provisions (EOP) 

2.1 Applicability - The provisions of 2.0 of this regulation shall apply to any person responsible for any 

proposed new major stationary source or any proposed major modification. 

2.2 For purposes of 2.0 of this regulation, "major stationary source" means: 

2.2.1 Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons 

per year or more of any pollutant subject to regulation under the Clean Air Act, except for either volatile 

organic compound, or nitrogen oxides, or 

2.2.2 Any stationary source of air pollutants which emits, or has the potential to emit, either 

volatile organic compounds, or nitrogen oxides, in the following amounts: 

--------------------------- ------ -
2.2.2.1 For areas in ozone attainment, ozone marginal, or ozone moderate nonattainment 

areas and located in the ozone transport region - 50 tons per year volatile organic compounds or 100 tons 

per year of oxides of nitrogen, or 

2.2.2.2 For serious ozone nonattainment areas - 50 tons per year of either volatile organic 

compounds or oxides of nitrogen, or 

2.2.2.3 For severe ozone nonattainment areas - 25 tons per year of either volatile organic 

compounds or oxides of nitrogen, or 

2.2.2.4 For extreme ozone nonattainment areas - 10 tons per year of either volatile organic 

compounds or oxides of nitrogen. 

2.2.3 Any physical change that would occur at a stationary source not qualifying under 2.2.1 or 

2.22 of this regulation as a major stationary source, if the change would constitute a major stationary 

source by itself, or 

2.2.4 A major stationary source that is major for either volatile organic compounds or nitrogen 

oxides shall be considered major for ozone, and "installation" means an identifiable piece of process, 

combustion or incineration equipment. 

2.2.5 Nitrogen oxides and S02 shall be considered as precursors, and are considered 

nonattainment pollutants in any PM25 nonattainment area~ 

2.3 For the purposes of 2.4 and 2.5 of this regulation, emission units located in areas designated as 

attainment or marginal nonattainment areas that are located within the ozone transport region shall be 

considered located in a moderate ozone nonattainment area. 

2.4 Conditions for Approval - No person subject to the provisions of 2.1 of this regulation shall install a 

major stationary source of volatile organic compounds or of nitrogen oxides~ PM2.5, or sulfur oxides or 

make a major modification to a source which will cause or contribute to any violation of the national 

ambient air quality standards for ozone or PM2.5 within an area of non-attainment for that pollutant unless 

the following conditions are met: 

2.4.1 The new major source or the major modification is controlled by the application of lowest 

achievable emission rate (LAER) control technology. 

2.4.2 All existing sources in the State owned or controlled by the owner of the proposed new or 

modified source are in compliance with the applicable local, State and federal regulations or are in 

compliance with a consent order specifying a schedule and timetable for compliance. 

2.4.3 The new or modified source must satisfy the following offset requirements: 

2.4.3.1 The ratio of total actual emissions reductions of volatile organic compounds or 

nitrogen oxides to total allowable increased emissions of volatile organic compounds or nitrogen oxides 

shall be: 

24.3.1.1 For moderate ozone nonattainment areas, 1.15 to 1, or 

2.4.3.1.2 For serious ozone nonattainment areas, 1.2 to 1, or 

2.4.3.1.3 For severe ozone nonattainment areas, 1.3 to 1, or 
2.4.3.1.4 For extreme ozone nonattainment areas, 1.5 to 1. 

2.4.3.2 All offsets shall be federally enforceable at the time of application to construct and 

shall be in effect by the time the new or modified source commences operation. 

2.4.3.3 The ratio of total actual emissions reductions of sulfur dioxide, nitrogen oxides or 

PM2.

5 to total allowable increased emissions shall be 1: 1. 

2.4.4 The application for construction permit pursuant to 7 DE Admin. Code 1102 shall include an 

analysis of alternative sites, sizes, production processes and environmental control techniques for such 

proposed source which demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or modification. 

2.4.5 Public participation for the construction permit shall be pursuant to 12.3 or 12.4 and 12.5 of 

7 DE Admin. Code 1102. 

25 Criteria for Emission Reductions Used as Offsets 

2.5.1 All emission reductions claimed as offset credits shall be real, surplus, permanent, 

quantifiable, and federally enforceable; 

2.5.2 The baseline for determining credit for emissions reductions shall be the lower of actual or 

allowable emissions. The offset credit shall only be allowed for emission reductions made below the 

baseline; 

2.5.3 Emission reductions claimed as offsets shall have occurred on or after January 1, 1991; 

2.5.4 Credit for an emission reduction may be claimed for use as an offset to the extent that the 

Department has not relied on it in issuing any permit under this regulation and has not relied on it for 

demonstration of attainment or reasonable further progress; 

2.5.5 Emission reductions shall not be used as offsets in an area with a higher nonattainment 

classification than the one in which they were generated. 

2.5.6 Emission reductions claimed as offsets by a source must be generated from within the 

same non attainment area or from any other area that contributes to a violation of the ozone National 

Ambient Air Quality Standard in the nonattainment area which the source is located. 

2.5.7 The Department may allow the offset requirement in 2.5 of this regulation for direct PM2.

5 

emissions or precursors of PM25 (sulfur dioxide or NOx) to be satisfied by offsetting reductions in direct 

PM25 emissions or emissions of sulfur dioxide or NOx using a ratio approved by the Department for the 

nonattainment area after public review and comment. Prior to making a final determination on the 

interpollutant trading ratios for a nonattainment area, the Department shall submit the interpollutant 

trading ratios and supporting information to the EPA for concurrence. 

(. 

2.6 Emission reductions generated in a state other than Delaware and which are placed in the emissions 

bank established pursuant to 7 DE Admin. Code 1134 may be used as offsets provided they are federally 

enforceable and meet, at a minimum, all the provisions of 7 DE Admin. Code 1134 and 2.5.5, and 2.5.6 of 

this regulation. 

2/11/12 

3.0 Prevention of Significant Deterioration of Air Quality 

I . ; I 

I 

I 

I 
3.1 Definitions - For the purposes of 3.0 of this regulation: 

"Major Stationary Source" means: 

• Any of the following stationary sources of air pollutants which emits or has the potential to 

emit, 100 tons per year or more of any pollutant subject to regulation under the CM: Fossil 

fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, 

primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, 

primary copper smelters, municipal incinerators capable of charging more than 250 tons of 

refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, 

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black 

plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, 

secondary metal production plants, chemical process plants, fossil fuel boilers (or 

combinations thereof) totaling more than 250 million British thermal units per hour heat input. 

petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, 

taconite ore processing plants, glass fiber processing plants, and charcoal production plants; 

• Notwithstanding the stationary source size specified in the above paragraph, any stationary 

source which emits, or has the potential to emit. 250 tons per year or more of any air pollutant 

subject to regulation under the CM; or 

• Any physical change that would occur at a stationary source not otherwise qualifying under 

the preceding paragraph as a major stationary source, if the change would constitute a major 

stationary source by itself. 

A major stationary source that is major for volatile organic compounds or nitrogen 

oxides shall be considered major for ozone. 

3.2 Ambient Air Increments. In areas designated as Class I, II or III, increases in pollutant 

concentration over the baseline concentration shall be limited to the following: 

Maximum allowable increase 

(Micrograms per cubic meter) 

Pollutant 

Total suspended particulates: 

Annual geometric mean 

24-hour maximum 

Sulfur dioxide: 

Annual arithmetic mean 

24-hour maximum 

Three-hour maximum 

PM2s: 

Class I 

5 

10 

2 

5 

25 
Annual geometric mean 1 

24-hr maximum 2 

PM10: 

Annual arithmetic mean 4 

24-hr maximum 8 

Nitrogen dioxide 

Annual arithmetic mean 25 

Class II 

Pollutant 

Total suspended particulates: 

Annual geometric mean 19 

24-hour maximum 37 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

Three-hour maximum 512 

PM

2

.

S: 

Annual arithmetic mean 4 

24-hour maximum 9 

PM10: 

Annual arithmetic mean 17 

24-hr maximum 30 

Nitrogen dioxide: 

Annual arithmetic mean 25 

Class III 

Pollutant 

Total suspended particulates: 

Annual geometric mean 37 

24-hour maximum 75 

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hour maximum 182 

Three-hour maximum 700 

PM

2

.

S: 

Annual arithmetic mean 8 

24-hour maximum 18 

PMlO: 

Annual arithmetic mean 34 

24-hour maximum 60 

Nitrogen dioxide: 

Annual arithmetic mean 50 

I
For any period other than an annual period, the applicable maximum allowable increase 

may be exceeded during one such period per year at anyone location. 

3.3 Ambient Air Ceilings. No concentration of a pollutant shall exceed: 

3.3.1 The concentration permitted under the national secondary ambient air quality standard, or 

3.3.2 The concentration permitted under the national primary ambient air quality standard, 

whichever concentration is lowest for the pollutant for a period of exposure. 

3.4 Restrictions on Area Classification. 

3.4.1 All Areas in the State of Delaware are designated Class II, but may be redeSignated as 

provided in 40 CFR 52.51(g). 

3.4.2 The following areas may be redesignated only as Class I: 

3.4.2.1 Bombay Hook National Wildlife Refuge; and 

3.4.2.2 A national park or national wilderness area established after August 7, 1977 which 

exceeds 10,000 acres in size. 

3.5 Exclusions from Increment Consumption 

3.5.1 Upon written request of the governor, made after notice and opportunity for at least one 

public hearing to be held in accordance with procedures established by the State of Delaware, the 

Department shall exclude the following concentrations in determining compliance with a maximum 

allowable increase: 

3.5.1.1 Concentrations attributable to the increase in emissions from stationary sources 

which have converted from the use of petroleum products, natural gas, or both by reason of an order in 

effect under sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or 

any superseding legislation) over the emissions from such sources before the effective date of such an 

order; 

3.5.1.2 Concentrations attributable to the increase in emissions from sources which have 

converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the 

Federal Power Act over the emissions from such sources before the effective date of such plan; 

3.5.1.3 Concentrations of particulate matter attributable to the increase in emissions from 

construction or other temporary emission-related activities of new or modified sources; 

3.5.2 No exclusion of such concentrations shall apply more than five years after the effective date 

of the order to which 3.5.1.1 of this regulation refers or the plan to which 3.5.1.2 of this regulation refers, 

whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more 

than five years after the later of such effective dates. 

3.6 Stack Heights 
The provisions of 7 DE Admin Code 1127 - STACK HEIGHTS, are applicable to 3.6 of 

this regulation. 

3.7 Review of Major Stationary Sources and Major Modifications - Source Applicability and Exemptions. 

3.7.1 No stationary source or modification to which the requirements of 3.8 through 3.15 of this 

regulation apply shall begin actual construction without a permit which states that the stationary source or 

modification would meet those requirements. The Department has authority to issue any such permit. 

3.7.2 The requirements of 3.8 through 3.15 of this regulation shall apply to any major stationary 

source and any major modification with respect to each pollutant subject to regulation under the CAA that 

it would emit, except as 3.0 of this regulation otherwise provides. 

3.7.3 The requirements of 3.8 through 3.15 of this regulation apply only to any major stationary 

source or major modification that would be constructed in an area deSignated as attainment or 

unclassifiable. 

3.7.4 The requirements of 3.8 through 3.15 of this regulation shall not apply to a particular major 

stationary source or major modification, if: 

3.7.4.1 The source or modification would be a nonprofit health or nonprofit educational 

institution, or a major modification would occur at such an institution, and the governor requests that it be 

exempt from those requirements; or 

3.7.4.2 The source or modification would be a major stationary source or major modification 

only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of 

the stationary source or modification and the source does not belong to any of the following categories: 

3.7.4.2.1 Coal cleaning plants (with thermal dryers); 

3.7.4.2.2 Kraft pulp mills; 

3.74.2.3 Portland cement plants; 

3.7.42.4 Primary zinc smelters; 

3.7.4.2.5 Iron and steel mills; 

3.7.4.2.6 Primary aluminum ore reduction plants; 

3.7.4.2.7 Primary copper smelters; 

3.7.4.2.8 Municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

3.7.4.2.9 Hydrofluoric, sulfuric, or nitric acid plants; 

3.7.4.2.10 Petroleum refineries; 

3.7.4.2.11 Lime plants; 

3.7.4.2.12 Phosphate rock processing plants; 

, ; 
3.7.4.2.13 Coke oven batteries; 

3.7.4.2.14 Sulfur recovery plants; 

3.7.4.2.15 Carbon black plants (furnace process); 

3.7.4.2.16 Primary lead smelters; 

3.7.4.2.17 Fuel conversion plants; 

3.7.4.2.18 Sintering plants; 

3.7.4.2.19 Secondary metal production plants; 

3.7.4.2.20 Chemical process plants; 

3.7.4.2.21 Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input: 

3.7.4.2.22 Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

3.7.4.2.23 Taconite ore processing plants; 

3.7.4.2.24 Glass fiber processing plants; 

3.7.4.2.25 Charcoal production plants; 

3.7.4.2.26 Fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; 

3.7.4.2.27 Any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the CM; or 

3.7.4.3 The source is a portable stationary source which has previously received a permit 

under 3.0 of this regulation, and, 

3.7.4.3.1 The owner or operator proposal to relocate the source and emissions of the 

source at the new location would be temporary; and 

3.7.4.3.2 The emissions from the source would not exceed its allowable emissions; 

and 

3.7.4.3.3 The em!ssions from the source would impact no Class I area and no area 

where an applicable increment is known to be violated; and 

3.7.4.3.4 Reasonable notice is given to the Department prior to the relocation 

identifying the proposed new location and the probable duration of operation at the new location. Such 

notice shall be given to the Department not less than 10 days in advance of the proposed relocation 

unless a different time duration is previously approved by the Department. 
3.7.5 The requirements of 3.8 through 3.15 of this regulation shall not apply to a major stationary 

source or major modification with respect to a particular pollutant if the owner or operator demonstrates 

that, as to that pollutant, the source or modification is located in an area designated as non-attainment. 

3.7.6 The requirements of 3.9, 3.11, and 3.13 of this regulation shall not apply to a major 

stationary source or major modification with respect to a particular pollutant, if the allowable emissions of 

that pollutant from the source, or the net emissions increase of that pollutant from the modification: 

3.7.6.1 Would impact no Class I area and no area where an applicable increment is known 

to be violated, and 

3.7.6.2 Would be temporary. 

3.7.7 The Department may exempt a stationary source or modification from the requirements of 

311 of this regulation with respect to monitoring for a particular pollutant if: 

3.7.7.1 The emissions increase of the pollutant from the new source or the net emissions 

increase of the pollutant from the modification would cause, in any area, air quality impacts less than the 

following amounts: 

Carbon monoxide: 575 ug/m3

, eight-hour average; 

Nitrogen dioxide: 14 ug/m3

, annual average; 

Total suspended particulate: 10 ug/m3

, 24-hour average; 

Sulfur dioxide: 13 ug/m3

, 24-hour average; 

Ozone: (See Note 1) 

Lead: 0.1 IJg/m3 3-month average; 

Mercury: 0.25 ug/m3

, 24-hour average; 

Beryllium: 0.0005 ug/m3

, 24-hour average; 

Fluorides: 0.25 ug/m3

, 24-hour average; 

Vinyl chloride: 15 ug/m3

, 24-hour average; 

Total reduced sulfur: 10 ug/m3

, one-hour average; 

Hydrogen sulfide: 0.04 ug/m3

, one-hour average; 

Reduced sulfur compounds: 10 ug/m3

, one-hour average; 

PMIO particulate: 10 ug/m3

, 24-hour average; 

PM2.

s: 4 IJg/m3

, 24-hour average 

I 

---, 
[Note 1: No de minimus air quality level is provided for ozone. However, any net increase of 

100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be 

required to perform an ambient impact analysis including the gathering of ambient air quality data.] 

3.7.7.2 The concentrations of the pollutant in the area that the source or modification would 

affect are less than the concentrations listed in 3.7.7.1 of this regulation, or the pollutant is not listed in 

3.7.7.1 of this regulation. 

3.8 Control Technology Review 

3.8.1 A major stationary source or major modification shall meet each applicable emissions 

limitation of the State of Delaware's Air Pollution Control Regulations. 

3.8.2 A new major stationary source shall apply best available control technology for each 

pollutant subject to regulation under the CM that it would have the potential to emit in significant 

amounts. 

3.8.3 A major modification shall apply best available control technology for each pollutant subject 

to regulation under the CAA for which it would result in a significant net emissions increase at the source. 

This requirement applies to each proposed emissions unit at which a net emissions increase in the 

pollutant would occur as a result of a phySical change or change in the method of operation in the unit 

3.8.4 For phase construction projects, the determination of best available control technology shall 

be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 

months prior to commencement of construction of each independent phase of the project. At such time, 

the owner or operator of the applicable stationary source may be required to demonstrate the adequacy 

of any previous determination of best available control technology for the source. 

3.9 Source Impact Analysis 

3.9.1 The owner or operator of the proposed source or modification shall demonstrate that allowable 

emission increases from the proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would not cause or contribute to 

air pollution in violation of: 

°Any national ambient air quality standard in any air quality control region; or 

°Any applicable maximum allowable increase over the baseline concentration in any area. 

3.9.2 The demonstration required in 3.9.1 will be deemed to have been made if the emissions 

increase from the new stationary source alone or the modification alone would cause, in all areas, air 

quality impacts less than the following significant impact levels: 

Pollutant 

Significant Impact Level 

IJg/m3 

Averaging Time 

Annual 

24-hour 

Class 

0.06 

0.07 

Class II 

0.3 

1.2 

Class III 

0.3 

1.2 
3.10 Air Quality Models. 

3.10.1 All estimates of ambient concentrations required under 3.0 of this regulation shall be 

based on the applicable air quality models, databases, and other requirements specified in the "Guideline 

on Air Quality Models" (OA-QPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality 

Planning and Standards, Research Triangle Park, N.C. 27711, April, 1978 or its subsequent revisions). 

This document is incorporated by reference. 

3.10.2 When an air quality impact model specified in the "Guideline on Air Quality Models" is 

inappropriate, the model may be modified or another model substituted. Such a change must be subject 

to the notice and opportunity for public comment under 3.15 of this regulation. Written approval of the 

Department must be obtained for any modification or substitution. Methods like those outlined in the 

'Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of 

Air Quality Planning and Standards, Research Triangle Park, N.C. 17711, May, 1978 or its subsequent 

revisions) should be used to determine the comparability of air quality models. 

3.11 Air Quality Analysis 

3.11.1 Preapplication Analysis. 

3.11.1.1 Any application for a permit under 3.0 of this regulation shall contain an analysis of 

ambient air quality in the area that the major stationary source or major modification would affect for each 

of the following pollutants: 

3.11.1.1.1 For the source, each pol/utant that it would have the potential to emit in a 

significant amount; 

3.11.1.1.2 For the modification, each pollutant for which it would result in a significant 

net emissions increase. 

3.11.1.2 With respect to any such pollutant for which no National Ambient Air Quality 

Standard exists, the analysis shall contain such air quality monitoring data as the Department determines 

is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant 

would affect. 

3.11.1.3 With respect to any such pollutant (other than non-methane hydrocarbons) for 

which such a standard does exist, the analysis shall contain continuous air quality monitoring data 

gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a 

violation of the standard or any maximum allowable increase. 

3.11.1.4 In general, the continuous air quality monitoring data that is required shall have 

been gathered over a period of at least one year and shall represent at least the year preceding receipt of 

the application, except that, if the Department determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year (but not to be less than 

four months), the data that is required shall have been gathered over at least that shorter period. 

3.11.1.5 The owner or operator of a proposed stationary source or modification of volatile 

organic compounds or .nitrogen oxides who satisfies all of the following conditions may provide postapproval monitoring data for ozone in lieu of providing preconstruction data as required under 3.11.1 of 

this regulation. 
• 

Condition 1: The new source is required to meet an emission limitation which specifies the lowest 

achievable emission rate for such source. 

Condition 2: The applicant must certify that all existing major sources owned or operated by the applicant 

(or any entity controlling, controlled by, or under common control with the applicant) in Delaware are in 

compliance with all applicable emission limitations and standards under the CM (or are in compliance 

wIth an expeditious schedule approved by the Department). 

Condition 3: Emission reductions ("offsets") from existing sources in the area of the proposed source 

(whether or not under the same ownership) are required such that there will be reasonable progress 

toward attainment of the applicable NMQS. Only intrapo"utant emission offsets wi" be acceptable (e.g., 

hydrocarbon increases may not be offset against S02 (reductions)). 

Condition 4: The emission offsets wi" provide a positive net air quality benefit in the affected area (see 40 

CFR Part 51 App. S). Atmospheric simulation modeling is not necessary for volatile organic compounds 

and NOx' Fulfillment of Condition 3 will be considered adequate to meet this condition for volatile organic 

compounds and NOx. 

3.11.2 Post-construction monitoring. The owner or operator of a major stationary source or major 

modification shall, after construction of the stationary source or modification conduct such ambient 

monitoring as the Department determines is necessary to determine the effect emissions from the 

stationary source or modification may have, or are having, on air quality in any area. 

311.3 Operations of monitoring stations. The owner or operator of a major stationary source or 

major modification shall meet the Quality Assurance Requirements for PSD Air Monitoring as 

preapproved by the Department during the operation of monitoring stations for purposes of satisfying 3.11 

of this regulation. 

3.12 Source Information. The owner or operator of proposed source or modification shall submit all 

information necessary to perform any analysis or make any determination required under 3.0 of this 

regulation. 

3.12.1 With respect to a source or modification to which 3.9, 3.11, and 3.13 of this regulation 

apply, such information shall include but not be limited to: 

3.12.1.1 A description of the nature, location, design capacity and typical operating 

schedule of the source or modification, including specifications and drawings showing its design and plant 

layout; 

3.12.1.2 A detailed schedule for construction of the source or modification; 

3.12.1.3 A detailed description as to what system of continuous emission reduction is 

planned for the source or modification, emission estimates, and any other information necessary to 

determine that best available control technology would be applied. 

3.12.2 Upon request of the Department, the owner or operator shall also provide information on: 

3.12.2.1 The air quality impact of the source or modification, including meteorological and 

topographical data necessary to estimate such impact; and 

3.12.2.2 The air quality impacts, and the nature and extent of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977 or the applicable 

baseline date or dates, in the area the source or modification would affect. 

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3.13 Additional Impact Analyses. 

3.13.1 The owner or operator shall provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the source or modification and general commercial, residential, 

industrial and other growth associated with the source or modification. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial or recreational value. 

3.13.2 The owner or operator shall provide an analysis of the air quality impact projected for the 

area as a result of general commercial, residential, industrial and other growth associated with the source 

or modification. 

3.14 Public Participation 

3.14.1 Within 30 days after receipt of an application to construct, or any addition to such 

application, the Department shall advise the applicant of any deficiency in the application or in the 

information submitted. In the event of such a deficiency, the date of receipt of the application shall be, for 

the purpose of 3.0 of this regulation, the date on which the Department received all required information. 

3.14.2 Within one year after receipt of a complete application, the Department shall make a final 

determination on the application. This involves performing the following actions in a timely manner: 

3.14.2.1 Make a preliminary determination whether construction should be approved, 

approved with conditions, or disapproved. 

3.14.2.2 Make available a copy of all materials the applicant submitted, a copy of the 

preliminary determination, and a copy or summary of other materials, if any, considered in making the 

preliminary determination. 

3.14.2.3 Notify the public, by advertisement in a newspaper of general circulation in each 

region in which the proposed source or modification would be constructed, of the application, the 

preliminary determination, the degree of increment consumption that is expected from the source or 

modification, and the opportunity for comment at public hearing as well as written public comment. 

3.14.2.4 Send a copy of the notice of public comment to the applicant and to officials and 

agencies having cognizance over the location where the proposed construction would occur as follOWS: 

the chief executives of the city and county where the source or modification would be located and any 

comprehensive regional land use planning agency whose lands may be affected by emissions from the 

source or modification. Additionally, if the proposed source would have significant interstate impact, the 

Governor of that impacted state would be notified. 

3.14.2.5 Provide opportunity for a public hearing for interested persons to appear and 

submit written or oral comments on the air quality impact of the source or modification, alternatives to the 

source or modification, the control technology required, and other appropriate considerations. 

3.14.2.6 Consider all written comments submitted within a time specified in the notice of 

public comment and all comments received at any public hearing or hearings in making a final decision 

on the approvability of the application. No later than 10 days after the close of the public comment period, 

the applicant may submit a written response to any comments submitted by the public. The Department 

shall consider the applicant's response in making a final decision. The Department shall make all 

comments available for public inspection in the same locations where the Department made available 

preconstruction information relating to the proposed source or modification. 
. . 

• 

3.14.2.7 Make a final determination whether construction should be approved, approved 

with conditions, or disapproved pursuant to 3.0 of this regulation. . 

3.14.2.8 Notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source or modification. 

3.15 Source Obligation. 

3.15.1 Any owner or operator who constructs or operates a source or modification not in 

accordance with the application submitted pursuant to 3.0 of this regulation or with the terms of any 

approval to construct, or any owner or operator of a source or modification subject to 30 of this regulation 

who commences construction after the effective date of these regulations without applying for and 

receiving approval hereunder, shall be subject to appropriate enforcement action. 

3.15.2 Approval to construct shall become invalid if construction is not commenced within 18 

months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or 

if construction is not completed within a reasonable time. The Department may extend the 18-month 

period upon a satisfactory showing that an extension is justified. This provision does not apply to the time 

period between constructions of the approved phases of a phased construction project; each phase must 

commence construction within 18 months of the projected and approved commencement date. 

3.15.3 Approval to construct shall not relieve any owner or operator of the responsibility to comply 

fully with applicable provisions of any other requirements under local or Federal law. 

315.4 At such time that a particular source or modification becomes a major stationary source or 

major modification solely by virtue of a relaxation in any enforceable limitation which was established after 

August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a 

restriction on hours of operation, then the requirements of 3.8 through 3.15 of this regulation shall apply to 

the source or modification as though construction had not yet commenced on the source or modification. 

3.16 Innovative Control Technology. 

3.16.1 An owner or operator of a proposed major stationary source or major modification may 

request the Department in writing no later than 30 days after the close of the public comment hearing to 

approve a system of innovative control technology. 

3.16.2 The Department shall, with the consent of the Governor of Delaware, determine that the 

source or modification may employ a system of innovative control technology, if: 

3.16.2.1 The proposed control system would not cause or contribute to an unreasonable 

risk to public health, welfare, or safety in its operation or function; 

3.16.2.2 The owner or operator agrees to achieve a level of continuous emissions reduction 

equivalent to that which would have been required under 3.8.2 of this regulation by a date specified by 

the Department. Such date shall not be later than four years from the time of startup or seven years from 

permit issuance; 

3.16.2.3 The source or modification would meet the requirements of 3.8 and 3.9 of this 

regulation based on the emissions rate that the stationary source employing the system of innovative 

control technology would be required to meet on the date speCified by the Department; 
3.16.24 The source or modification would not be before the date specified by the 

Department: 

3.16.24.1 Cause or contribute to a violation of an applicable national ambient air 

quality standard; or 

3.16.2.4.2 Impact any Class I area; or 

3.16.24.3 Impact any area where an applicable increment is known to be violated; and 

3.16.2.5 All other applicable requirements including those for public participation have been 

met. 

3.16.3 The Department shall withdraw any approval to employ a system of innovative control 

technology made under 3.0 of this regulation, if: 

3.16.3.1 The proposed system fails before the specified date to achieve the required 

continuous emissions reduction rate; or 

3.16.3.2 The proposed system fails before the specified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; or 

3.16.3.3 The Department decides at any time that the proposed system is unlikely to 

achieve the required level of control or to protect the public health, welfare, or safety. 

3.164 If a source or modification fails to meet the required level of continuous emission reduction 

within the specified time period or the approval is withdrawn in accordance with 3.16.3 of this regulation, 

the Department may allow the source or modification up to an additional three years to meet the 

requirement for the application of best available control technology through use of a demonstrated system 

of control. 

13 DE Reg. 1345 (04/01/10)